1. Ethics in the Chemical
Laboratory
ATTY. MA. CRISTINA L. MORATALLA, RCH
Board of Director, Integrated Chemists of the Philippines
Senior Science Research Specialist, Mines and Geosciences Bureau
2. OUTLINE
I. Oath of Chemistry Professionals
II. Republic Act No. 10657 or the Chemistry Profession Act
III. Code of Ethics for the Chemistry Practitioners
IV. Filing of Administrative Complaint Against Professionals β 2017
Revised Rules and Regulations in Administrative Investigations
3. I. Oath of Professionals
I _______________________________ hereby solemnly swear that I will support
and defend the Constitution of the Republic of the Philippines; that I will bear true
faith and allegiance to the same; that I obey the laws, legal orders and decrees
promulgated by the duly constituted authorities of the Republic of the Philippines,
and that I impose this obligation upon myself voluntarily, without mental
reservation or purpose of evasion.
I further solemnly swear that at all time and place I will adhere closely to the
ethical and professional rules generally accepted by the CHEMISTRY Profession in
the Philippines, and that I will accordingly and faithfully discharge to the best of my
ability the duties and obligations incumbent upon a legally authorized CHEMISTRY
practitioner.
So help me God.
4. II. RA 10657: Chemistry Profession Act
Registered Chemist vs. Registered Chemical Technician
Art. I, Sec. 3. Definition of Terms. β
(b) Registered chemist refers to any person who is engaged in the professional
practice of chemistry xxx who is duly registered with the Board of Chemistry and
the Professional Regulation Commission. xxx.
(c) Registered chemical technician refers to any person who is engaged in the work
of chemical analysis xxx and who is duly registered with the Board of Chemistry.
Art. I, Sec. 5. Scope of the Professional Practice of Chemical Analysis. β
xxx performance of a physico-chemical analysis or biochemical analysis, chemical
or biochemical synthesis and sale of chemicals, chemical apparatus or chemical
equipment: Provided, That such activities are under the supervision of a registered
chemist.
5. II. RA 10657: Chemistry Profession Act
Registered Chemist vs. Registered Chemical Technician
Art. I, Sec. 4. Scope of the Professional Practice of Chemistry. β
(a) Performance of a chemical analysis or chemical synthesis;
(b) Certification of a chemical analysis or chemical synthesis;
(c) Inspection of a laboratory with respect to its chemical or biochemical activities;
(d) Certification of a laboratory with respect to its chemical or biochemical activities;
(e) Supervision of a chemical laboratory;
(f) Supervision of a chemical analysis or chemical synthesis, whether or not performed in a laboratory;
(g) Teaching, lecturing and reviewing of a professional chemistry subject in the curriculum of the Bachelor of Science in Chemistry degree xxx;
(h) Consultation, investigation, or research concerning physico-chemical or biochemical matters which involve public interest, public safety, laws or
regulations. xxx;
(i) Sale of chemicals, chemical apparatus or chemical equipment;
(j) Supervision of the sale of chemicals, chemical apparatus, or chemical equipment; and
(k) Functions related to the management of chemical, such as chemical safety, chemical waste management, pollution control, and the like.
6. II. RA 10657: Chemistry Profession Act
Penal Clause
Art. IV, Sec. 38. Penal Clause for the Professional Practice of Chemistry and Chemical Analysis.β No
person shall undertake the professional practice of chemistry or chemical analysis without a valid
certificate of registration and professional identification card.
Who are liable? β any person who:
(a) Practices chemistry without a valid certificate of registration and/or a valid professional
identification card or a valid temporary/special permit;
(b) Attempts to use the certificate, license number or seal of another person or impersonate any
registered chemist or chemical technician;
(c) Abets the illegal practice of chemistry by an unregistered or unauthorized person;
(d) Furnishes the Board or the Commission any false information or document in order to secure a
certificate of registration; or
(e) Impersonates a registered chemist or a holder of a temporary/special permit.
7. II. RA 10657: Chemistry Profession Act
Penal Clause
Art. IV, Sec. 38. Penal Clause for the Professional Practice of Chemistry
and Chemical Analysis.β No person shall undertake the professional
practice of chemistry or chemical analysis without a valid certificate of
registration and professional identification card.
What is the penalty?
Imprisonment = 1 month to 1 year; and/or
Fine = P100,000.00 to P1,000,000.00
8. II. RA 10657: Chemistry Profession Act
Penal Clause
Art. IV, Sec. 39. Penal Clause for Chemical Laboratories and Related
Firms.β No chemical laboratory or firm shall undertake activities
covered by this Act without a valid authority to operate the same.
Who are liable?
(a) President; or
(b) Highest ranking officer of the corporation
9. II. RA 10657: Chemistry Profession Act
Penal Clause
Art. IV, Sec. 39. Penal Clause for Chemical Laboratories and Related
Firms.β No chemical laboratory or firm shall undertake activities
covered by this Act without a valid authority to operate the same.
What is the penalty?
Imprisonment = 1 month to 1 year; and/or
Fine = P100,000.00 to P1,000,000.00
10. II. RA 10657: Chemistry Profession Act
Coverage of Professional Practice
Art. IV, Sec. 41. Coverage of Professional Practice.β A duly licensed professional chemist cannot be
prevented from the practice of chemistry or chemical analysis. Likewise, this Act shall not prevent
the practice of any legally recognized allied profession: Provided, That the activity is within the
scope of the allied profession.
Example:
(1) Chemical engineering
β’ Is it an allied profession? β YES.
β’ Is the professional practice of chemistry/chemical analysis within the scope of their practice? β
NO.
- Basis: Art. I, Sec. 4 of RA 9297 (Chemical Engineering Law). Scope of Practice. β Professional
chemical engineering service shall embrace the following similar services in relation to industrial
plants: xxx (9) Operation, including quality management; but excluding chemical analysis and
operation of the chemical laboratory; xxx.
11. II. RA 10657: Chemistry Profession Act
Coverage of Professional Practice
Art. IV, Sec. 41. Coverage of Professional Practice.β A duly licensed professional chemist cannot be prevented
from the practice of chemistry or chemical analysis. Likewise, this Act shall not prevent the practice of any
legally recognized allied profession: Provided, That the activity is within the scope of the allied profession.
Example:
(2) Food Technology
β’ Is it an allied profession? β YES.
β’ Is the professional practice of chemistry/chemical analysis within the scope of their practice? β QUALIFIED
YES.
- Basis: Art. I, Sec. 4 of RA 11052 (Philippine Food Technology Act). The Scope of the Practice of Food
Technology. β The practice of Food Technology shall include the following: xxx (c) Evaluation of the
microbiological, physical, chemical, sensory, and functional properties of food; (d) Certification of the
analysis of microbiological, physical, chemical, sensory, and functional properties of food; xxx.
12. III. Code of Ethics for the Chemistry Practitioners
Date of Effectivity: 22 November 2016
Professional Regulatory Board of Chemistry
RA 10657, Article II, Section 7. Powers and Duties of the Board. β
(i) Adopt and promulgate the Code of Ethics and the Code of Good
Governance for the practice of chemistry;
(k) Hear and decide administrative cases filed against chemists,
chemical technicians, and the owners and administrators of chemical
laboratories. xxx.
13. III. Code of Ethics for the Chemistry Practitioners
The Chemistry profession plays an important role in the advancement
of the welfare of the Filipino nation and of the general human
population. To maintain the honor, integrity, and dignity in the
practice of the Chemistry profession, this Code of Ethics is being issued
xxx.
General Principles, Sec. 1. All Chemistry practitioners shall have the
obligation to abide and conform to the standards of practice of
Chemistry profession as well as to the ethical principles of conduct that
are herein set forth.
14. III. Code of Ethics for the Chemistry Practitioners
Article I. Responsibility to the Society
Article II. Responsibility to the Clients and the Profession
Article III. Responsibility to Professional Colleagues
Article III(IV). Responsibility to the Accredited Professional
Organization (APO) β Integrated Chemists of the Philippines
15. III. Code of Ethics for the Chemistry Practitioners
16. III. Code of Ethics for the Chemistry Practitioners
17. III. Code of Ethics for the Chemistry Practitioners
18. III. Code of Ethics for the Chemistry Practitioners
19. III. Code of Ethics for the Chemistry Practitioners
20. III. Code of Ethics for the Chemistry Practitioners
21. III. Code of Ethics for the Chemistry Practitioners
22. III. Code of Ethics for the Chemistry Practitioners
Final Provisions:
Violation of any of the provisions of this Code of Ethics shall constitute
unethical and unprofessional conduct and shall, therefore, be
considered as a sufficient cause for the revocation of the Certificate of
Registration or suspension from the practice of the profession in
accordance with Section 29 of Republic Act No. 10657.
23. III. Code of Ethics for the Chemistry Practitioners
Section 29 of Republic Act No. 10657. Revocation or Suspension of the
Certificate of Registration and Cancellation of Temporary/Special Permit.β
Grounds:
(a) Any act of misrepresentation, dishonesty, unethical conduct or gross
incompetence in connection with the performance of chemistry
services as defined in this Act or any act inimical to the chemistry
profession;
(b) Immorality or commission of any act involving moral turpitude;
(c) Conviction by final judgment of a court of competent jurisdiction of any
criminal offense; or
(d) Judicial declaration that the registered chemist or chemical technician is
of unsound mind.
24. IV. Filing of Administrative Complaint Against Professionals*
*Professional Regulation Commission Resolution No. 2017-1033(A)
Images taken from chemistryworld.com
PRC β Central Office or
Regional Office
Hearing Officer
Commission Board
Preliminary Investigation
Complaint
Prosecution
(Commission/Board)
Decision