18 September 2007

proposed clinical psychology bill

REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA

_______CONGRESS
_________REGULAR SESSION

SENATE/HOUSE BILL NO.______________

AN ACT REGULATING THE PRACTICE OF CLINICAL PSYCHOLOGY AND PSYCHOMETRICS IN THE PHILIPPINES KNOWN AS CLINICAL PSYCHOLOGY AND PSYCHOMETRICS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES


Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS, AND PRACTICE

SECTION 1. Title. This Act shall be known as the “Philippine Clinical Psychology and Psychometrics Act of 2006”

SECTION 2. Declaration of Policy. The State recognizes the importance of Clinical Psychologists and Psychometricians in nation-building and development. Hence, it shall nurture competent, virtuous, productive and well-rounded Clinical psychologists and Psychometricians whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective, and credible licensure examinations and through regulatory measures, programs, and activities that foster their professional growth and development.

SECTION 3. Objectives. – This Act shall govern:
(a) The examination, registration and licensure of Clinical Psychologists and Psychometricians;
(b) The supervision, control, and regulation of the practice of Clinical Psychologists and Psychometricians;
(c) The development and upgrading of the curriculum;
(d) The development of the professional competence of Clinical Psychologists and Psychometricians through continuing professional education (CPE); and
(e) The integration of the Clinical Psychologists and Psychometricians profession.
Section 4. Definition of Terms. As used in this Act, the following terms shall have the following meanings:
(a) “Clinical Psychology” is the scientific study of the diagnosis and treatment of psychological (i.e., mental and/or emotional and/or behavioral) problems.
(b) “Clinical Psychologist” means a natural person who is registered and holds a valid certificate of registration and a valid professional identification card as clinical psychologist, issued by the Professional Regulatory Board of Clinical Psychology and Psychometrics and the Professional Regulation Commission pursuant to this Act.
( c ) “Psychometrician” means a natural person who holds a valid certificate of registration and a valid professional identification card issued by the Professional Regulatory Board of Psychology and the Professional Regulation Commission pursuant to this Act.
(d) “Board” refers the Professional Regulatory Board of Clinical Psychologists and Psychometricians created under this Act.
(e) “Commission” refers to the Professional Regulatory Commission created under R. A. No. 8981, known as the “PRC Modernization Act of 2000.”
(f) “APO” refers to the Accredited Professional Organization of Clinical Psychologists and Psychometricians that the Board has accredited subject to the approval by the Commission as the one and only and accredited integrated national organization of Clinical Psychologists and Psychometricians.

Section 5. Scope of Practice. The practice of Clinical Psychology and Psychometrics shall include, but not to be limited to, the following acts or activities:
(a)“Practice of Clinical Psychology” consists of the diagnosis and treatment of persons with psychological (i.e., mental and/or emotional and/or behavioral) problems. Clinical psychologists specialize in helping persons with psychological problems adjust to the demands of life. The practice of clinical psychology includes, but is not limited to:
1) Administering, scoring, and interpreting results of psychological tests including projective techniques for the purpose of diagnosing psychological functioning and composing a written integrated report on the nature and quality of such psychological functioning, arriving at a diagnosis of psychological problems and dysfunction, ascribing a prognosis for individual clients or patients, and suggesting or offering a plan for psychotherapeutic sessions or activities;
2) Interviewing, and/or rendering psychotherapeutic services to interviewing clients or patients, including their families or support groups whenever called for, directed at modifying maladaptive behaviors which are not attributable to organic causes;
3) Appearing as an expert witness in court proceedings or other proceedings involving psychological intervention.
4) Teaching courses in clinical psychology and psychometrics.

(b). “Practice of Psychometrics” consists of the following functions provided, that his or her performance thereof shall be under the supervision of a licensed psychologist:
(1) Administering and scoring of standardized psychological tests except projective techniques;
(2) Interpreting results of the same and preparing a written report on these results;
(3) Conducting preparatory intake interviews of clients for psychotherapeutic session, group activities involving psychology principles and/or research projects.
The Board subject to approval by the Commission may revise, exclude from, or add to the above-enumerated acts or activities as the need arises to conform to the latest trend in the practice of Clinical Psychology and Psychometrics.

Article II
PROFESSIONAL REGULATORY BOARD OF
CLINICAL PSYCHOLOGY AND PSYCHOMETRICS

SECTION 6. Creation and Composition of the Professional Regulatory Board of Clinical/Counseling Psychology and Psychometrics.

There is hereby created a Professional Regulatory Board of Clinical Psychology and Psychometrics, hereinafter called the Board, a collegial body under the administrative supervision and control of the Professional Regulation Commission, hereinafter-referred to as the Commission, to be composed of a Chairman and two (2) members appointed by the President of the Philippines from the list of three (3) recommendees for each position chosen and submitted to the Commission thereto from the list five (5) nominees for every position indorsed by the Accredited Professional Organization (APO). The Board shall be organized not later than six 6) months from the effectivity of this Act.

The first Chairman and members of the Board shall be automatically registered as Clinical Psychologists.

SECTION 7. Qualifications of Chairman and the Members of the Board. The Chairman and each member of the Board shall, at the time of their appointment, possess these qualifications. He/She must be:
(a) be a citizen and resident of the Philippines;
(b) of good moral character and good reputation and of sound mind and body;
(c) not convicted by a court of competent jurisdiction of an offense including moral turpitude;
(d) a holder of a Doctorate Degree in Psychology with concentration in Clinical Psychology and Psychometrics recognized by the government through the Commission on Higher Education (CHED) and conferred by a duly licensed school, college or university;
(e) a registered and licensed clinical psychologist with a valid certificate of registration and valid professional identification card having at least ten (10) years of practice prior to his/her appointment.
(f) A member in good standing of the APO.
(g) Not a member of the faculty of any school, college or university where a regular/review course in clinical psychology and psychometrics is offered, not a member of a staff of reviewers in a review school or center, and not have any direct or indirect pecuniary interest in any such institution; and
(h)Not be an officer or trustee of the APO.

SECTION 8. Term of Office. The Chairman and members of the Board shall hold office for a term of three (3) years from date of appointment or until their successors shall have qualified and been appointed. They may be reappointed in the same office for another term of three (3) years immediately after the expiry of their term; provided, the holding of such position be not more than two (2) terms or not more than six (6) years, whichever is longer; provided, further, the first Board under this Act shall hold these terms of office: The Chairman for three (3) years, the first member for two (2) years and the second member for one (1) year; provided. Furthermore, any appointee to a vacancy with an unexpired period shall only serve such period. The chairman and the members shall duly take their oath of office.

SECTION 9. Compensation, Allowances and other Benefit s. – The Chairman and members of the Board shall receive compensation, allowances, and other benefits comparable to those that the chairman and members of other professional regulatory boards under the Commission enjoy as provided for in the General Appropriation Act.

SECTION 10. Powers, Functions, Duties, and Responsibilities of the Board. - The Board shall exercise/administrative, rule-making, and quasi-judicial powers in carrying out the provisions of this Act. It shall be vested with the following specific powers, function, duties, and responsibilities:
(a) To regulate the practice of Clinical Psychology and Psychometrics in accordance with the provisions of this Act;
(b) To issue and promulgate rules and regulations implementing the provisions of this Act;
(c) To adopt and promulgate the Code of Ethics, the Code of Good Governance, and the Code of Technical Standards for the Practice of Clinical Psychology and Psychometrics.
(d) To adopt an official seal of the Board;
(e) To prescribe and promulgate guidelines on the Continuing Professional Education (CPE) for Clinical Psychologists and Psychometricians in consultation with the APO;
(f) To prescribe and promulgate the syllabi for the subjects in the licensure examination/s in consultation with the academe and the Commission on Higher Education (CHED);
(g) To issue or cancel temporary or special permit granted to foreign Clinical Psychologists and /or Psychometricians.
(h) To adopt a program for the walk-in licensure examination;
(i) To evaluate and approve applications for licensure examination/s;
(j) To prepare questions for the subjects in the licensure examinations, give and correct the said examinations, and release their results;
(k) To register with or without licensure examination/s qualified persons for the practice of Clinical Psychology and Psychometrics and issue thereto Certificates of Registration and professional identification cards;
(l) To administer oaths in the performance of its functions;
(m) To monitor the conditions affecting the practice of Clinical Psychology and Psychometrics through ocular inspections of establishments wherein Clinicalpsychologists and Psychometricians are practicing, and adopt such measures as may be deemed proper for the enhancement and maintenance of high professional., moral, ethical, and technical standards;
(n) To enter together with the Commission into a Memorandum of Agreement with the CHED in ensuring that all higher educational instructions and offerings of degree, course or program comply with the policies, standards, and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library, and facilities;
(o) To hear and investigate cases on violations of this Act, its implementing rules and regulations, the Code of Ethics, the Code of Good Governance, the Code of Technical Standards for the practice of Clinical psychology and Psychometrics, and other policies; and for this purpose, to issue summons, subpoena and subpoena duces tecum to alleged violators and/or witnesses to compel their attendance in such hearings or investigations;
(p) To delegate the hearing or investigation of cases against the alleged violators; provided, hearing or investigation of cases wherein the issue or question involved strictly concerns the technical practice of Clinical Psychology and Psychometrics shall be presided over by at least one (1) member of the Board assisted by a Legal or Hearing Officer of the Commission;
(q) To indorse cases involving criminal violations of this Act and other laws, its rules and regulations, and other policies to the Prosecution Office for investigation;
(r) To decide administrative cases against examinees or registered Clinical Psychologists and Psychometricians; provided, if they are guilty, to cancel their examination papers and/or debar them from taking another licensure examination, or to revoke/ suspend their certificate of registration; provided, further, the effectivity of the penalty shall only commence from the date of surrender of the said certificates together with the professional identification cards; provided, furthermore, the decision of the Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision;
(s) To reissue or reinstate revoked/suspended certificate of registration and unexpired professional identification card to respondent’s holder thereof; provided, the revoked certificate of registration shall only be reissued after the lapse of the period provided in this Act; provided, further, the Board shall issue a resolution thereon subject to approval by the Commission, after he/she shall have established his/her fitness to practice anew his/her Clinical Psychology and Psychometrics and, provided, furthermore, the suspended certificate of registration shall only be reissued upon the period imposed in the decision of the Board;
(t) To conduct through the Legal or Hearing Officers summary proceedings on minor violation of this Act, its IRR, any of the Codes afore-mentioned, the General Instructions to Examinee committed by examinees, and to render summary judgment thereon which shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision;
(u)To prepare an annual report of accomplishments, programs, projects, and activities of the Board during the year of submission to the Commission after the close of each calendar year and to make appropriate recommendations on issues or problems affecting the Clinical Psychology and Psychometrics to the Commission; and
(v) To discharge other implied, incidental, necessary powers, duties, functions, and responsibilities for the effective carrying out of the provisions of this Act and its policies or measures and the achievement of its objectives.

The rules and regulations, codes, and other policies embodied in a resolution and promulgated by the Board shall be subject to review and approval by Commission. However, the Board’s decision, resolution, or order rendered in administrative case which is not interlocutory shall be subject to review only if appeal to the Commission or the regular courts.

Section 11. Grounds for Removal or Suspension of Board ChairmanlMember. - The President of the Philippines, upon the recommendation he Commission, after giving the Chairman or the member of the Board an opportunity to defend himself/herself in an administrative investigation conducted the Commission, may remove or suspend him/her on any of the following grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of his/her duty.
(b) Violation of any of the causes/grounds! and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corruption Practices, and other laws;
(c) Manipulation or rigging of the licensure examination for Clinical Psychologists and Psychometricians results, disclosure of secret and confidential information on the examination questions prior to the conduct thereof, or tampering of grades.
The Commission, in the conduct of the investigation, shall be guided by Sec. 7 of R.A. No. 8981, the rules on administrative investigation, and the applicable ~ions of the New Rules of Court.

Section 12. Supervision of the Board, Custodian of its Records, Office of the Secretary, Professional Regulatory Boards (PRBs) and Support Services.
The Board shall be under the administrative supervision of the Commission. The Commission shall keep all records of the Board including applications for examination, examination papers and results, minutes of deliberation, and administrative cases. The Commission shall designate the Secretary of the Board shall be a staff member in the Office, Secretary, PRBs and shall provide the support services to the Board in order to implement the provisions of this Act.

ARTICLE Ill

EXAMINATION, REGISTRATION, CERTIFICATION, AND LICENSURE

Section 13. Passing of Licensure Examination Requirement. Except as otherwise specifically allowed under this Act, applicants for registration for the practice of Clinical Psychology and Psychometrics shall be required to pass a licensure examination as provided for in this Act in such places and dates as the Commission may designate in the Resolution thereof on the Master Schedules for all licensure ~examinations in accordance with Sec. 7 (d) of R.A. No. 8981.

SECTION 14. Qualifications of Applicants for the Licensure Examination for Psychometricians.
An applicant for the licensure examination for Psychometrician shall satisfactory prove that he/she possesses the following qualifications:
(a) Citizen of the Philippines or a foreign citizen whose country/state has reciprocity with the Philippines in the practice of Psychometrics.
(b) Of good moral character and sound mind and body;
(c) a holder of at least a Bachelor’s degree in Psychology conferred by a school/college/university duly authorized by the government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state, provided it is duly recognized and/or accredited by the Commission on Higher Education (CHED); and
(c) A holder of at least a bachelor’s degree in Clinical psychology and Psychometrics. Clinical Psychologists and Psychometricians duly recognized or accredited by the CHED and conferred by a school/college/university duly authorized by the government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state, provided it is duly recognized and/or accredited by the Commission on Higher Education (CHED) and must have obtained credits for the subjects covered in the examination; and
(d) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction.

SECTION 15. Qualifications of Applicants for the Licensure Examination for Clinical Psychologist .

An applicant for the licensure examination for Clinical Psychologist shall satisfactory prove that he/she possesses the following qualifications:
(a) Citizen of the Philippines or a foreign citizen whose country/state has reciprocity with the Philippines in the practice of Clinical Psychology.
( b) Of good moral character and sound mind and body;
(c) A holder of at least a Master’s degree in Psychology with concentration in Clinical psychology duly recognized or accredited by the CHED and conferred by a school/college/university duly authorized by the government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state, provided it is duly recognized and/or accredited by the CHED and must have obtained credits for the subjects covered in the examination;
(d) Has supervised clinical experience of three hundred hours under a licensed clinical psychologist or psychiatrist; and
(e) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction.

Section 16. Subjects for Licensure Examination. of Psychometrician. The Licensure examination/s for Psychometrician shall include, but not limited to, the following:
(A) Theories of Personality
(B) Developmental Psychology
(C) Abnormal Psychology
(D) Psychological Testing/Psychometrics
(E) Statistics
The Board, subject to approval by the Commission, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession.

SECTION 17. Subjects for Licensure Examination of Clinical Psychologists. The licensure examination for Clinical Psychologists shall cover the following subjects:
(A) Research and Quantitative Analysis
(B) Advance Psychometrics and Projective Techniques
(C) Advanced Psychotherapy
(D) Advanced Psychopathology
(E) Individual Testing and Assessment

The Board, subject to approval by the Commission, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession.

Section. 18. Rating in the Licensure Examination. - To pass the licensure examination for Clinical Psychologist and/or Psychometrician, a candidate must obtain a weighted general average of seventy-five percent (75%) with no grade lower than sixty percent (60%) in any given subject. However, an examinee who obtains a weighted average of seventy-five percent (75%) or higher but obtains a rating below sixty percent (60%) in any given subject, must take an examination in the subject or subjects where he obtained a grade below sixty percent (60%) within two (2) years from the date of the last examination. The subject or subjects retaken must have each a rating of no less than seventy-five percent (75%) in order to qualify as having passed the examination.

Section 19. Report of Rating. The Board shall submit to the Commission the ratings obtained by the candidate not later than ten (10) days after the last day of examination, unless it is extended for a valid cause.

Section 20. Registration Without Examination as Psychometricians. A person who possesses the qualifications required for admission in the examination for registration as a psychometrician may be registered without examination: Provided, that the applicant files with the Board within three (3) years after its creation an application for registration and issuance of a certificate of registration and professional identification card by submitting credentials showing that the applicant before the effectivity of this Act had obtained a bachelor’s degree in Psychology and had at least five (5) years teaching experience in psychology courses including at least two (2) semesters of psychological testing or full time work experience in the practice of psychometrics in the Philippines.

Section 21. Registration without examination as Clinical Psychologist. A person who possesses the pertinent qualifications required for admission in the examination for registration as a clinical psychologist pursuant to the provisions of this Act may be registered without examination: Provided, that the applicant files with the Board within three (3) years after its creation an application for registration and issuance of certificate of registration and professional identification card by submitting credentials showing that the applicant, before the effectivity of this Act, had:
(1) Obtained a doctoral degree in Psychology with concentration in Clinical Psychology and had earned at least either:
(a) three (3) years of teaching experience in clinical psychology or
(b) three (3) years of work experience in the practice of clinical psychology in the Philippines; or
(2) Obtained a masteral degree in Psychology with concentration in Clinical Psychology and had earned at least either:
(a) five (5) years of teaching experience in clinical psychology, or
(b) five (5) years of work experience in the practice of clinical psychology in the Philippines.

Section 22. Oath of Clinical Psychologists and Psychometricians. All successful candidates in the licensure examination and in the registration without examination shall take their oath of profession before the Chairman or any member of the Board; or any authorized officer of the Commission, or any person authorized by law, to administer oaths, prior to entering upon the practice of Clinical Psychology and/or Psychometrics.

Section 23. Issuance of Certificate of Registration and Professional Identification Card. A certificate of registration shall be issued to those who are registered with or without licensure examination subject to payment of fees prescribed by the Commission. It shall bear the signatures of the Chairperson of Commission and the Chairman and members of the Board, stamped with the official seal of the Commission and of the Board, certifying that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. Until withdrawn, revoked, or suspended in accordance with this Act, it shall remain in full force and effect.

A professional identification card bearing the registration number and date, validity and expiry duly signed by the Chairperson of the Commission shall wise be issued to every registrant who has paid the prescribed fee. It shall be issued after every three (3) years upon payment of the prescribed fees therefor.

Section 24. Refusal to Register. The Board shall not register any successful appIicant for registration with or without licensure examination who has been:
(a) Convicted of an offense involving moral turpitude by a court of competent jurisdiction,
(b) Found guilty of immoral or dishonorable conduct by the Board,
(c) Summarily adjudged guilty for violation of the General Instructions to Examinees by the Board, and
(d) Declared of unsound mind by the court of competent jurisdiction.

In refusing such registration, the Board shall give the applicant a written statement setting forth the reasons therefor and shall file a copy thereof in its records.

Section 25. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit. .The Board shall have the
power, upon notice and hearing, to revoke or suspend the certificate of registration
of a Registered and Licensed Clinical Psychologist and /or Psychometrician or to cancel a temporary/special permit granted to foreign Clinical Psychologist and/or Psychometrician for violation of any the grounds or causes in Sec. 23 of this Act, except (c) thereof and any of the following grounds:
(a) Violation of a provision of this Act, its IRR, Code of Ethics, Code of
Good Governance, Code of Technical standards for the practice of
Clinical Psychology and/or Psychometrics, policy, and measure of the Board and/or the Commission;
(b) Perpetration or use of fraud in obtaining his/her certificate of registration, professional identification card, temporary/special permit;
(C) Gross incompetence, negligence or ignorance resulting to death, injury or damage;
(d) Refusal to join or to remain member in good standing of the
APO;
(e) Neglect or failure to pay the annual registration fees for five (5) consecutive years;
(f) Non-renewal of the professional identification card;
(g) Aiding or abetting the illegal practice of a non-registered and licensed person by allowing him/her to use his certificate of registration and/or professional identification card or his/her special/temporary permit;
(h) Illegally practicing the profession during his/her suspension from the practice thereof;
( i ) Addicted to a drug or alcohol abuse impairing his/her ability to practice his/her profession or declared with unsound mind by a court of a competent jurisdiction;
( j) Non-compliance with the CPE requirement, unless he/she is exempted therefrom, for the renewal of his/her professional identification card;

The Board shall periodically evaluate the afore-mentioned grounds and or exclude or add new ones as the need arises subject to approval by Commission.

Any person, firm or association may file charge/s in accordance with provision of this Section against any registrant, or the Board may investigate violation of any of the above-mentioned causes. Affidavit-complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board through the Legal and Investigation Office. The motu proprio move to conduct an investigation shall be embodied in a formal charge signed by at least majority of the members of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation subject to applicable provisions of this Act, R.A. No. 8981 and the Rules of Court.

Section 26. Reissuance of Revoked Certificate of Registration, Replacement of lost or Damaged Certificate of Registration, Professional Idenfication Card or Temporary/Special Permit.- The Board may upon petition reinstate or reissue a revoked certificate of registration after two (2) years from the effectivity of the period for revocation, which is the date of surrender of the said certificate and/or the professional identification card if still valid to the Board and/or the Commission. The Board may not require the holder thereof to take another licensure examination. The petitioner shall prove to the Board that he/she has valid reason/s to practice his/her profession. For the grant of his/her petition, the Board shall issue a Board resolution subject to approval by the Commission.

Duplicate copy of lost certificate of registration, professional identification card or temporary/special permit may be reissued in accordance with rules thereon and upon payment of the prescribed fee therefor.

Section 27. Non-Payment of the Annual Registration Fees. The Board shall suspend a registered Clinical Psychologist and/or Psychometrician from the practice of his/her profession for non-payment of the annual registration fees for five (5) consecutive years from its last or previous year of payment. The resumption of his/her practice shall take place only upon payment of the delinquent fees plus surcharges and interest and in accordance with the rules of the Commission. The running of the five-year period may be interrupted upon written notice about the discontinuance of his practice and surrender of his/her certificate of registration to the Board and/or the Commission.

Section 28. Vested Rights: Automatic Registration. All Clinical Psychologists and/or Psychometricians registered at the effectivity of this Act shall automatically be registered hereunder, subject to the provisions herein set forth as to future requirements.

Certificates of Registration and Professional Identification Cards or Temporary/Special Permits held by such persons in good standing at such effectivity shall have the same force and effect as though they were issued on or after the said
effectivity.

ARTICLE IV
PRACTICE OF CLINICAL PSYCHOLOGY AND PSYCHOMETRICS

Section 29. Lawful Practitioners of Clinical Psychology and Psychometrics. The natural persons and juridical persons who shall be authorized to practice the Clinical Psychology and /or Psychometrics:
1) Natural persons who are:
(a) duly registered and licensed as Clinical Psychologist and/or Psychometrician and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to this Act; and
(b) holders of valid temporary/special permits issued by the Board and the Commission to foreign licensed Clinical Psychologist and/or Psychometrician pursuant to this Act.
2) Juridical persons:
(a) Single proprietorship whose owner and staff are registered and licensed Clinical Psychologists and/or Psychometricians.
(b) Partnership duly registered with the Security and Exchange Commission (SEC) as professional partnership pursuant to the Civil Code and composed of all partners who are all duly registered and licensed Clinical Psychologists and/or Psychometricians.
(c) Corporation duly registered with the SEC as engaged in the practice of Clinical Psychology and/or Psychometrics and with officers, Board of Directors who are all registered and licensed Clinical Psychologists and/or Psychometricians.
(d) Association duly registered with the SEC as not-for- profit and non-stock corporation whose officers, Board of Trustees, and members are all registered and licensed Clinical Psychologists and/or Psychometricians.

These juridical persons shall also be registered with the Board and the Commission in accordance with the rules and regulations thereon.

Section 30. Foreign Reciprocity. No foreigner shall be allowed to take the Iicensure examination for Clinical Psychology and/or Psychometrics, register, receive his/her certificate of registration and professional identification card, and practice Clinical Psychology and/or Psychometrics in the Philippines unless the requirements for the licensure examination and/or registration and practice of Clinical Psychology and/or Psychometrics imposed under the laws and regulations in his/her foreign country /state are substantially the same as those required and contemplated by the Philippine laws and regulations, and unless the said foreign laws and regulations allow Philippine citizens to practice Clinical Psychology and/or Psychometrics within the territory of the said foreign country/state on the same basis and grant the same privileges as those enjoyed by the citizens, subjects or nationals thereof.

Section 31. Practice Through Temporary/Special Permit. Special/
Temporary permit may be issued by the Board subject to approval by the Commission and payment of fees the latter has prescribed and charged thereof to the following:
( 1 ) Licensed Clinical Psychologist and/or Psychometrician from foreign countries/states whose services are either for a fee of free;
(a) lf they are internationally known Clinical Psychologists and/or Psychometricians or experts in any branch or specialty of Clinical Psychology and/or Psychometrics; and
(b) lf their services are urgently and importantly necessary for lack of inadequacy of available local specialists or experts for the promotion or advancement of the practice of Clinical Psychology and/or Psychometrics through transfer of technology.
(2) Licensed Clinical Psychologists and/or Psychometricians from foreign countries/states whose services shall be free and limited to indigent patients in a particular hospital, center or clinic.
(3) Licensed Clinical Psychologists and/or Psychometricians from foreign countries/states employed as exchange professors in a branch or specialty of Clinical Psychology and/or Psychometrics in schools, colleges or universities offering the course of Clinical Psychology and/or Psychometrics.
The permit shall, among other things contain these limitations and conditions for a period of no more than one (1) year subject to renewal, the branch or specialty of Clinical Psychology and/or Psychometrics, and the specific place of practice such as clinic, hospital, center, school, college or university offering the course of Clinical Psychology and/or Psychometrics. The Board subject to approval by the Commission shall promulgate rules and regulations on the implementation of this particular section.

Section 32. Indication of Numbers: Certificate of Registration, Professional Tax Receipt, and APO Membership The Clinical Psychologist and/or Psychometrician shall be required to indicate his/her Certificate of Registration Number and Date of Issuance, the expiry of his/her current Professional Identification Card, the Professional Tax Receipt Number and Date, and his/her APO Membership Number and Date with Official Receipt Number and Date of Membership Payment (Annual/lifetime) on the documents he/she signs, uses, or issues in connection with the practice of his/her Clinical Psychology and/or Psychometrics.

Section 33. Roster of Clinical Psychologists and/or Psychometricians - The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered Clinical Psychologists and Psychometricians, which shall be updated annually in cooperation with the APO, indicating therein the status of the certificate of registration, professional identification card, and APO membership, whether valid, inactive due to death or other reasons, delinquent, suspended or revoked. The said roster shall be conspicuously posted within the premises of the Commission and the information therefrom made available to the public upon inquiry or request.

Section 34. Integration of the Clinical Psychologists and Psychometricians - The Clinical Psychologists and Psychometricians shall be integrated into one (1) national organization of Clinical Psychologists and/or Psychometricians that is duly registered with the Securities and Exchange Commission (SEC). The Board of/for Clinical Psychology and Psychometrics / Clinical Psychologists and Psychometricians subject to approval by the Commission shall accredit the said organization as the one and only integrated and accredited national organization of Clinical Psychologists and/or Psychometricicians. All Clinical Psychologists and/or Psychometricians whose names appear in the Registry Book of Clinical Psychologists and/or Psychometricians shall ipso facto or automatically become members thereof and shall receive there from all the benefits and privileges upon payments of APO membership fees and dues.

A membership in an affiliate organization of Clinical Psychologists and/or Psychometricians shall not be barred.

Section 35. Practice by Other Registered and Licensed Professionals under this Act. - Professionals who are registered and licensed under another professional regulatory law (PRL) shall not be prevented from practicing any of the activities in the scope of practice under this Act provided that such activity is also found in the said PRL.

Section 36. Posting of Certificate of Registration and Professional
Identification Card or Temporary/Special Permit. - The Certificate of
Registration and Professional Identification of Clinical Psychologists and/or Psychometricians or Temporary/special Permit in original or authentic/authenticated copies shall be posted by the registered and licensed Clinical Psychologists and/or Psychometricians in a conspicuous place in his/her office.

Section 37. Position with Practice of the Clinical Psychology and/or Psychometrics - Positions in public or private entities involving the practice of the Clinical Psychology and/or Psychometrics shall be occupied by persons who are duly registered and licensed Clinical Psychologists and/or Psychometricians with valid certificates of registration and valid professional identification cards or valid temporary/special permits that are issued under this Act.

ARTICLE V

Section 38. Penal Clause. - Any person who shall commit any of the following acts:
( 1 ) practicing Clinical Psychology and/or Psychometrics without a valid certificate of registration and/or a valid professional identification card or a valid temporary/special permit;
( 2 ) attempting to use the seal, certificate of registration and/or professional identification card of a registered Clinical Psychology and/or Psychometrics or temporary/special permit issued to foreign Clinical Psychologist and/or Psychometrician;
( 3 ) abetting the illegal practice of Clinical Psychology and/or Psychometrics by an unregistered or unauthorized person;
( 4 ) securing through false information or fraudulent means certificate of registration and/or professional identification card or temporary special permit;
( 5 ) impersonating a registered Clinical Psychologist and/or Psychometricians or a holder of a special/temporary permit; and
( 6 ) violating any provision oft his Act or the implementing rules and regulations thereof shall be, upon conviction, be fined with no less than ____________ pesos nor more than ________________ pesos, or imprisoned for no less than __________________ year nor more than _________________ years or be meted with both at the discretion of the court.

Section 39. Enforcement. - In carrying out the provisions of this Act, the Board shall be assisted by the Commission, the APO, duly constituted government agencies and authorities, and private organizations in the industry. A memorandum of agreement between agencies or organizations may be executed.

Section 40. Funds .The funds or budget for the implementation of this Act shall be included in the Annual Appropriation Act for the Commission, provided that the amount incurred for its initial implementation shall be charged against the Commission’s current year’s appropriation.

Section 41. Transitory Provisions. - The incumbent Board shall in an interim capacity continue to operate or function by carrying out the provisions of the Act without new appointments of the Chairman and members thereof until the first Board created under this Act shall have been constituted or organized pursuant thereto.

Section 42. Implementing Rules and Regulations. The board of Clinical Psychology and/or Psychometrics/Clinical Psychologists and Psychometricians subject to approval by the Commission, shall prescribe, promulgate, and issue a Board Resolution on the implementing rules and regulations of this Act after consultation with the APO, other agencies, and concerned private organization in the industry within ninety (90) days from the effectivity of this Act.

Section. 43. Separability Clause. If any provision, section, or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other provisions, sections or parts hereof, but shall be merely confined to the provision, section, or part thereof that is directly involved in the issue upon which such judgment has been rendered.

Section 44. Repealing Clause. - Republic Act No. ____ or Presidential _Decree is hereby repealed. Laws, decrees, orders, letters of rules and regulations, or other issuances, and parts thereof with the provisions of this Act are likewise accordingly repealed or modified.

Section 45. Effectivity. - This Act shall take effect after fifteen (15) days following the full and complete publication thereof in t he Official Gazette or any newspaper of general circulation in the Philippines.

rules and regulations for guidance and counseling act of 2004

Re: Implementing Rules and Regulations of the Guidance and Counseling Act of 2004
[published in Manila Standard, 2007 sep 4, page B5]
Fr: http://pgcaweb.com/irr.htm

BOARD OF GUIDANCE AND COUNSELING
Resolution No. __
Series of 2007

RULES AND REGULATIONS OF REPUBLIC ACT NUMBERED NINETY-TWO AND FIFTY-EIGHT (R.A. No. 9258), KNOWN AS THE “GUIDANCE AND COUNSELING ACT OF 2004”

Pursuant to Section 5 (i), Article II and Section 32, Article V of Republic Act No. 9258: “AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND COUNSELING AND CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND COUNSELING AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES,” known as the “GUIDANCE AND COUNSELING ACT OF 2004,” the Professional Regulatory Board of Guidance and Counseling, hereafter referred to as the Board, hereby promulgates, subject to the approval of the Professional Regulation Commission, the following rules and regulations to effectively carry out the provisions of R.A. No. 9258.

RULE I

TITLE: DECLARATION OF POLICY AND DEFINITION OF TERMS

SECTION 1. Title. This Resolution shall be known in short as the Rules and Regulations of the “Guidance and Counseling Act of 2004”, hereinafter referred to as “RR of R.A. No. 9258, RRGCA 2004” or RR.”

SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to promote the improvement, advancement, and protection of the guidance and counseling profession by undertaking and instituting measures that will result in professional, ethical, relevant, efficient and effective guidance and counseling services for the development and enrichment of individuals and groups.

The State recognizes the important role of Guidance Counselors in nation building and promotes the sustained development of a reservoir of licensed Guidance Counselors whose competence has been determined by honest and credible Licensure Examinations and whose standards of professional practice and service are world-class, and internationally recognized through preventive regulatory measures and programs and activities that foster continuing professional development.

This “RR of R.A. No. 9258” shall be interpreted, construed, and carried out in the light of the Declaration of Policy in Sec. 2, Art. I of R.A. No. 9258.
SEC. 3. Definition of Terms. As used in this RR, these terms are construed as follows:

a. Guidance and Counseling. The profession that involves the use of an integrated approach to the development of a well-functioning individual primarily by helping him/her to utilize his/her potentials to the fullest and plan his/her present and future in accordance with his/her abilities, interests, and needs.
It includes functions such as counseling, psychological testing, (i.e. personality, career, interest, aptitude, mental ability, achievement), learning and study orientation, research, placement, referral and group processes. It includes the teaching of guidance and counseling subjects, particularly those covered in the Licensure Examinations and necessary in other human development services.

b. Counseling. In keeping with the development in the profession, the term, “counseling”, to the layman, is considered synonymous to and interchangeable with guidance and counseling, but to professional counselors, it is a face-to-face helping relationship. It is a mission of service

c. Guidance Counselor. A natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and Professional Regulation Commission in accordance with R.A. No. 9258 and who, by virtue of specialized training perform for a fee, salary or other forms of compensation, the functions of guidance and counseling under Section 3 (a) of R.A. No. 9258.

d. Board. Refers to the Professional Regulatory Board of Guidance and Counseling created under Section 4, Art. II of RA No. 9258.

e. Commission. Refers to the Professional Regulation Commission created under Section 3 of R.A. No. 8981, called as the “PRC Modernization Act of 2000”.

f. Interim Accredited Professional Organization (APO). This refers to the Philippine Guidance and Counseling Association, Inc. (PGCA), an organization of guidance counselors granted by the Commission with a Certificate of Accreditation.

g. Registered and Accredited National Organization of Registered and Licensed Guidance Counselors. This refers to the one and only integrated national organization of registered and licensed guidance counselors accredited by the Board subject to approval by the Commission, issued thereby with a Certificate of Accreditation as professional organization, and known as the Accredited Professional Organization (APO).

RULE II

PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND COUNSELING

SEC. 4. Creation of the Professional Regulatory Board of Guidance and Counseling – There shall be created a Professional Regulatory Board of Guidance and Counseling hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission,
hereinafter referred to as the Commission, to be composed of a Chairman and two (2) Members who shall be appointed by the President of the Philippines from among a list of three (3) recommendees for each position submitted by the Commission from a list of five (5) nominees for each position submitted by the accredited and integrated national organization of registered and licensed guidance counselors.

SEC. 5. Powers, Functions, Duties and Responsibilities of the Board. The Professional Regulatory Board shall have the following specific powers, functions, duties and responsibilities:

a. Supervise and regulate the practice of Guidance and Counseling;
b. Determine and evaluate the qualifications of the applicants for registration with or without Licensure Examination and for issuance of special permits;
c. Prepare the examination questions in accordance with Section 15 of R.A. No. 9258 hereof or the modifications thereof, and correct and rate examination papers through the process of computerization;
d. Prepare, adopt, issue or amend the syllabi for the subjects in the licensure examination, in consultation with the Commission on Higher Education (CHED), the Academe, and the Accredited Professional Organization (APO);
e. Register successful examinees in the Licensure Examinations and issue the corresponding Certificates of Registration;
f. Issue special/temporary permits to foreign guidance counselors to practice guidance and counseling and to research for specific projects and for a specific duration of time for a fee or on medical mission without fee;
g. Monitor the conditions affecting the practice of guidance and counseling, conduct ocular inspection of places where Guidance Counselors practice their profession and adopt measures for the enhancement of the profession and the maintenance of high professional technical and ethical standards;
h. Ensure, in coordination with CHED, that all educational institutions offering the course/program in guidance and counseling comply with the policies, standards, and requirements of the said course prescribed by CHED in the areas of curriculum, faculty, library, practicum facilities, and student services;
i. Promulgate rules and regulations including the Code of Ethics for Guidance Counselors, the Code or Manual of Technical Standards for Guidance Counselors, and administrative policies, orders and issuances to carry out the provisions of R.A. No. 9258;
j. Investigate violations of R.A. No. 9258, this RR thereof, the Code of Ethics for Guidance Counselors, Code or Manual of Technical Standards, administrative policies, orders and issuances promulgated by the Board. The rule on administrative investigation promulgated by the Commission shall govern in such investigation;
k. Issue subpoena or subpoena duces tecum to secure the attendance of the respondents or witnesses or the production of documents relative to the investigation conducted by the Board.
l. Render decision, order or resolution on preliminary investigation or inquiry against violators of R.A. No. 9258, this RR, the Code of Ethics for Guidance Counselors, Code or Manual of Technical Standards, or any policies, and on docketed administrative cases against examinees or registrants, which shall become final and executory unless appealed with the Commission within (15) days from receipt of the copy thereof;
m. Issue, suspend, revoke or re-issue any certificate of registration for the practice of guidance and counseling as defined in R.A. No. 9258.
n. Administer oath necessary for the effective implementation of the R.A No. 9258;
o. Initiate criminal action against any violator of R.A. No. 9258 and/or the RR thereof;
p. Adopt the official seal of the Board;
q. Prescribe guidelines and criteria on the continuing professional education (CPE) for Guidance Counselors/educators;
r. Adopt such measures necessary and proper for the maintenance of high ethical and professional standards in the practice of the profession; and
s. Perform such other functions and duties as may be necessary to effectively implement this RR of R.A. No. 9258.
The policies, resolutions, rules and regulations issued or promulgated by the Professional Regulatory Board shall be subject to review and approval by the Commission; however, the Board’s decisions, resolutions on orders which are not interlocutory, rendered in an administrative case shall be subject to review only if on appeal with the Commission. The decision of the Board and/or the Commission may be appealed to the Court of Appeals in accordance with the Rules of Court. .
Duties of Chairman and Members. The chairman shall preside at all meetings and sign all official documents, letters, correspondence involving important matters and policies of the Board including summons, subpoena or subpoena duces tecum. In case of temporary incapacity or absence of the chairman, it shall be the duty of the members of the Board to attend all meetings particularly when the purpose of such meeting is to deliberate on the results of examinations or questions involving important policies of the Board.

Meetings. Regular monthly meetings shall be held. Special meetings may be held as often as may be necessary at the discretion of the chairman or upon the request of the majority of the Board.

Quorum. All members shall attend the meetings of the Board, except for unavoidable circumstances, in which case two members of the board may be sufficient to constitute a quorum for the transaction of official business.

SEC. 6. Qualification of the Board Members. – The chairman and members of the Professional Regulatory Board, at the time of their appointment shall:
a. Be a citizen of the Republic of the Philippines;
b. Be a resident of the Philippines for at least five (5) years immediately prior to his/her appointment;
c. Be of good moral character and must not have been convicted of any crime involving moral turpitude;
d. Be a qualified guidance counselor holding a valid certificate of registration and a valid professional identification card: Provided, That in the case of the first members of the Board, they shall be issued certificate of registration and professional identification card as guidance counselors without prior examination;
e. Be a holder of a doctoral degree in guidance and counseling from a reputable and accredited college or university duly recognized by the Commission on Higher Education (CHED) and/or by a duly accredited college or university abroad;
f. Have at least ten (10) years of continuous professional practice as a guidance counselor and/or counselor educator under R.A. No. 9258;
g. Not be a member of the faculty of any school, college or university where regular and/or review courses in guidance and counseling education is taught nor have any pecuniary interest in such institution; before taking his/her oath of office, he/she shall resign from his/her position therein; and
h. Not be an official or a member of the Board of Trustees of the integrated and accredited national organization of guidance counselors.

SEC. 7. Term of Office. The members of the Board shall hold office for a term of three (3) years until their successors shall have been appointed and qualified: They may, however, be reappointed for a second term. Of the members to be appointed for the first Board, one (1) shall hold office as chairman for
three (3) years, one (1) as a member for two years, and one (1) member for a term of one (1) year. Any vacancy in the Board shall be filled for the unexpired portion of the term only. Each member shall take the proper oath prior to the assumption of duty.

SEC. 8 Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. All records of the Board, including application for examination and administrative and other investigative cases shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement the provisions of R.A. No. 9258.

SEC. 9. Compensation and Allowance of the Board. The chairman and members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the chairman and members of existing Professional Regulatory Boards under the Commission as provided for in R.A. No. 8981 and the General Appropriations Act.

SEC. 10. Grounds for Suspension and Removal of Board Members. The President of the Philippines, upon recommendation of the Commission, after giving the concerned member an opportunity to defend himself/herself in a proper administrative investigation to be conducted by the Commission, may remove and suspend any member on the following grounds:
a. Neglect of duty or incompetence;
b. Violation or tolerance of violation of R.A. No. 9258, the RR thereof, the code of ethics and the code or manual of professional and technical Standards for Guidance Counselors;
c. Conviction by final judgment of crimes involving moral turpitude;
d. Manipulation or rigging of the Board licensure examination for guidance counselors’ results, disclosure of secret information or the examination questions prior to the conduct of the said examination, or tampering of grades therein; or
e. Conviction by final judgment of any criminal offense by the courts.
The Commission in the conduct of the investigation shall be guided by Sec. 7(s) of R.A. No. 8981.

SEC. 11. Annual Report. The chairman of the Board shall, after the close of the fiscal year, submit an annual report to the Commission, giving a detailed accounting of the proceedings of the Board during the year and embodying such recommendations as the Body may desire to make.

RULE III

EXAMINATION, REGISTRATION, AND LICENSURE

SEC. 12. Examination Required. All applicants for registration for the practice of guidance and counseling shall be required to undergo a Board licensure examination for guidance counselors to be given by the Board and the Commission in such places and dates as the Commission may designate in accordance with R.A. No. 8981, subject to compliance with the requirements prescribed by the Commission.
Form of Application. An application for examination and registration must be properly accomplished in hand writing of the applicant on the PRC form, provided and must be filed not later than twenty (20) days in the Central Office or not later than thirty (30) working days in the Regional Office before the date of the examination. A recent photo with name tag must be attached. Prescribed fees must be paid.

Approval of Application. The PRC Application Division shall go over the application. At least two (2) Members of the Board shall approve the application in case the former cannot do so. The Board or the Application Division shall satisfy itself that each applicant possesses the qualifications prescribed by R.A. No. 9258 and this RR.

SEC. 13. Qualifications of Applicants. To qualify for the examination, an applicant at the time of the filing of the application must:
a. Be a citizen of the Philippines, or a foreigner whose country has reciprocity with the Philippines for the practice of guidance and counseling; Provided, that the country of which he/she is a subject or citizen permits Filipino Counselors to practice within its territorial limits on the same basis as the subject or citizen of such country; Provided, Further, that the requirements for admission to and from said country are substantially the same as those provided under R. A.. No. 9258;
b. Not have been convicted of an offense involving moral turpitude; and
c. Be a graduate of a baccalaureate in guidance and counseling or in other allied discipline/degree from an accredited college or university with at least 18 graduate units in guidance and counseling core subjects; and a holder of an MA MAEd, o MAT or MS, MAEd in guidance and counseling the curriculum of which covers the core subject in guidance and counseling on the masteral level; or a holder of the PhD or Ed.D in guidance and counseling, the curriculum of which covers the core subjects in guidance and counseling on the doctoral level.
The following documents shall be submitted in support of the above requirements:
(a) Certificate of Live Birth in National Statistics Office (NSO) Security Paper,
(b) Marriage Contract in NSO Security Paper for married female applicants,
(c) College Diploma with indication therein of graduation date and Special Order Number unless it is not required,
(d) Transcript of Records with indication therein of date of graduation and Special Order Number unless it is not required; and
(e) National Bureau of Investigation (NBI) Clearance.
The Board may require other documents in support of the above qualifications.

SEC. 14. Registration without Examination. The Board shall grant to any person who possesses the pertinent qualifications which will be evaluated and approved upon application and payment of the required fees a Certificate of Registration and Professional Identification Card as a Guidance Counselor without taking the Licensure Examination who ON OR BEFORE March 2, 2004, the date of the effectivity of R.A. No. 9258, possess the requirements contained in Section 14 of R.A. No. 9258 , and who qualifies under any of the following three (3) categories .
a. Had been a Doctoral or a Masteral degree holder in guidance and counseling with at least three (3) years of teaching experience in guidance and counseling courses and/or full time counseling practice for the same period;
b. Had passed at least eighteen (18) units of Masteral level core courses in guidance and counseling such as Counseling Theories, Tools, and Techniques, Organization and Administration of Guidance Services, Psychological Tests and Measurement, Group Process/Group Facilitating and Career Guidance ; and have, at least seven (7) years of experience in counseling work; and
c. Had completed academic requirements for a master’s degree in guidance and counseling and had five (5) years experience as full-time guidance counselor/part time guidance counselor with officially designated teaching load in guidance and counseling.

The following documents in addition to (a) to (e) enumerated in Sec. 13 hereof shall be submitted in support of the above requirements:

1. Certificate of Good Moral Character from the employer, and two other certifications in her/his community one of which must be issued by the Barangay Captain/Chairman in the community where the applicant resides or works;
2. Ombudsman and NBI clearance for government employed applicants or NBI clearance for private-employee applicants;
3. A Certificate of Active Membership and Good Moral Character from the Accredited Professional Organization(APO) to be issued by the President and two (2) other officers thereof; and
4. Two (2) copies of Passport size I.D. pictures with name tag.
Those who qualify under any of the foregoing categories shall be given two (2) years starting from the creation of the Board of Guidance and Counseling (January 26, 2007) within which to apply for registration without examination under Sec. 14, Art. III of R.A. No. 9258.

SEC. 15. Scope of Examination. The examination shall be in English and shall consist of a written test covering the following subjects:
a. Philosophical , Psychological and Sociological Foundations of Guidance
b. Counseling Theories, Tools and Techniques
c. Psychological Testing
d. Organization, Administration and Supervision of Guidance Services, and Program Development
e. Group Process
f. Career Guidance

SEC. 16. Report of Ratings. The Board shall report the ratings obtained by each candidate to the Commission within ten (10) days after the last day of the examination.

SEC. 17. Ratings in the Examination and Re-examination. To be qualified as having passed the licensure examination for Guidance Counselors, a candidate must have obtained a weighted general average of seventy-five percent (75%), with no grade lower than sixty percent (60%), in any given subject. However, an examinee who obtains a weighted average of seventy five percent (75%) or higher but obtains a rating below sixty percent (60%) in any given subject, must take an examination in the subject or subjects where he/she obtained a grade below sixty percent (60%) within two (2) years from the date of the last examination. The subject or subjects retaken must have each a rating of no less than seventy-five percent (75%) in order to qualify as having passed the examination.
The Board may adopt its own internal procedure on the implementation of this provision.

SEC. 18. Oath Taking. All successful examinees qualified for registration and all qualified applicants for registration without examination shall be required to take the professional oath before any member of the Board or any officer of the Commission authorized by it or any other person authorized by law to administer the oath prior to entering into the practice of guidance and counseling in the Philippines. The successful examinees shall register with the Commission after having taken his/her oath and upon payment of the prescribed fees and shall be issued Certificates of Registration and Professional Identification Card.

SEC. 19. Issuance of Certificate of Registration and Professional Identification Card. A Certificate of Registration as a Guidance Counselor shall be issued to any applicant who passes the examination, or who is registered without examination, bearing the signature of the Commission Chairperson and the Chairman and Members of the Board, and the official seal of the Board and of the Commission.
A Professional Identification Card bearing the registration number, date of issuance, expiry date, duly signed by the Commission Chairperson, shall likewise be issued to every registrant who has paid the prescribed fee.

SEC. 20. Roster of Guidance Counselors. The Board, in coordination with the Accredited Professional Organization (APO), shall keep the roster of the names, residences and office addresses of all registered and licensed Guidance Counselors and the said roster shall be made available to the public upon request.

SEC. 21. Integration of Guidance Counselors. All registered and licensed Guidance Counselors whose names appear in the roster of Guidance Counselors shall be united and integrated through their automatic membership in the one (1) and only registered and accredited national organization which the Board, subject to approval by the Commission, shall recognize and accredit after consultation with all existing organizations of registered and licensed Guidance Counselors and, if possible with all those who are not members of any of the said organization. The members of the said integrated and accredited national organization shall receive benefits and privileges appurtenant thereto upon payment of prescribed fees and dues. Membership in the accredited integrated national organization shall not be a bar to membership in any other professional guidance association.

SEC. 22. Indication of Certification and Registration Number and Professional Tax Receipts (PTR). The Guidance Counselor shall be required to indicate the number of the certificate of registration, the date of issuance, the period of validity of the Professional Identification Card, including the Professional Tax Receipt (PTR) number on the documents signed, used or issued in connection with the practice of the profession.

SEC. 23. Practice through Special/Temporary Permit. Special/temporary permit may be issued by the Board subject to the approval of the Commission and to the payment of the fees. The latter has prescribed and charged thereof, to the following persons:
1. Licensed Guidance Counselors from foreign countries/states whose services are either for a fee or free:
(a) If their services are urgently and importantly necessary for lack of local specialists/experts for the promotion or advancement of the practice of guidance and counseling through transfer of technology.
(b) If they are internationally well-known Guidance Counselors or outstanding experts in any branch or specialty of guidance and counseling; and
2. Licensed Guidance Counselors from foreign countries/states whose services shall be free and limited to indigent clients in particular hospitals, centers or clinics;
3. Licensed Guidance Counselors from foreign countries/states employed as exchange professors in any branch or specialty of guidance and counseling in schools, colleges, universities offering the course of guidance and counseling.
The permit shall, among other things, include the above mentioned limitations and conditions for a period of not more than one (1) year subject to renewal, the branch of specialty of guidance and counseling, the specific place of practice such as clinic, hospital, center, school, college/university offering the course of guidance and counseling. The Board, subject to the approval of the Commission, shall prescribe rules and regulations in the implementation of this particular section.

SEC. 24 Denial, Suspension, Revocation of a Certificate of Registration, Cancellation of Special Permit. The application for registration and the issuance of a Certificate of Registration may be denied for any of these causes:
a. Conviction of an offense involving moral turpitude by a competent court;
b. Finding of guilt by the Professional Regulatory Board for immoral and or dishonorable conduct; and
c. Declaration by the court of the applicant as being insane.
The Certificate of Registration may be revoked or suspended or the special Permit may be cancelled for any of the above-enumerated causes including the following: fraudulent acquisition of Certificate of Registration and/or Professional Identification Card, or Special Permit; abetment or tolerance of illegal practice by unqualified persons through the use by the latter of the Guidance Counselor’s Certificate of Registration and/or Professional Identification Card or Special Permit; violation of any provisions of R.A. No. 9258, this RR, Code of Ethics, and Code or Manual of Technical Standards for Guidance Counselors; unethical, immoral, dishonorable, unprofessional conduct; malpractice; guilty of drug or alcohol abuse impairing his/her ability and credibility to practice the profession; and practice of the profession during the period of suspension by one whose Certificate of Registration had been suspended by the Board.

No certificate shall be denied, revoked or suspended for any of the reasons herein provided, not until after a sworn complaint in writing and sworn to by the person making it against the applicant or holder thereof shall have been filed with the Board through the Legal and Investigation Office and heard in a public hearing, or upon request behind closed doors by the Board.

Any person, firm, or association may file charges in accordance with the provisions of this section against any registrant, or the Board may motu proprio investigate and/or take cognizance of acts and practices constituting sufficient cause for suspension or revocation of the Certificate of Registration by proper resolution or order.

The rules on administrative investigation issued by the Commission shall govern the hearing or investigation of the case, subject to applicable provisions of R.A. No. 9258, R.A. No. 8981, and the Rules of Court.

SEC. 25. Reinstatement. A person may apply to the Board for reinstatement of a Certificate of Registration after the expiration of one (1) year from the date of revocation of said certificate. The application shall be in writing and shall conform to the requirements provided by the Board. No Certificate shall be reinstated unless the Board is satisfied that a valid cause exists to warrant such reinstatement.

The Board shall issue a Resolution, subject to approval by the Commission, in granting a petition for reinstatement to the practice of guidance and counseling

SEC. 26. Appeal. The decision on the denial or refusal to issue a Certificate of Registration or revocation or suspension of the Certificate of Registration, or cancellation of Special Permit by the Board shall be final unless appealed to the Commission within fifteen (15) days from receipt of the decision. The decision of the Board and/or Commission may be appealed to the Court of Appeals.

RULE 1V

PRACTICE OF GUIDANCE AND COUNSELING

SEC. 27. Prohibition Against the Practice of Guidance and Counseling. No person shall (a) engage in the practice of guidance and counseling without a valid Certificate of Registration and a valid Professional Identification Card or a Special Permit; (b) represent to the public or to third persons as
Registered and Licensed Guidance Counselor during the time that the Certificate of Registration has been revoked or suspended; and (c) allow anybody to use one’s Certificate of Registration and/or Professional Identification Card, or Special Permit as a Guidance Counselor to enable such unqualified individual to engage in the practice of guidance and counseling; Provided, that a person without any of the above-mentioned documents shall practice the profession with a temporary permit until after he/her shall have passed the licensure examination for Guidance and Counseling in January, 2008 or January 2009 and shall have registered as a Guidance Counselor; or shall have registered under Sec. 14, (Registration Without Examination), Rule III of this RR

No corporation, partnership, association or entity shall operate a guidance and counseling office, center/clinic, testing center, rehabilitation center, or otherwise engage in the practice of guidance and counseling without first securing a permit from the Board. The permit shall be issued only after it has satisfied the Board that such establishment is properly staffed by duly Registered and Licensed Guidance Counselors.

The partnership or corporation shall be registered with the Security and Exchange Commission (SEC) in accordance with the Corporation Code.

Any unethical practice of guidance and counseling as may be defined in the Code of Ethics and the Code or Manual of Technical Standards to be prepared by the Board in consultation with guidance counselors is prohibited.

Any violation of this Section of this IRR shall render the official/s concerned liable under R.A. No. 6713 otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees” and other pertinent administration and/or Penal laws.

SEC. 28. Right to Privileged Communication for Guidance Counselors. A Certified or Registered and Licensed Guidance Counselor who is allowed to practice guidance and counseling in accordance with R.A. No. 9258 cannot, without the consent of the client, be examined as to any communication or information which has been acquired while attending such client. The protection accorded herein shall also extend to the records and secretary or clerk of a registered and licensed Guidance Counselor, who may not be examined concerning any fact, the knowledge of which has been acquired in such capacity.

Any evidence obtained in violation of this provision shall be inadmissible for any purpose in any proceeding.

SEC. 29. Foreign Reciprocity. No foreign Guidance Counselor shall be admitted to the examination, or be given a Certificate of Registration, or be entitled to any rights and privileges under R.A. No. 9258 and this RR unless the country or state of which one is a subject or citizen permits Filipino Guidance Counselors to practice within its territorial limits on the same basis as the subject or citizen of said country or state; provided, that the requirements for certification of Guidance Counselors in said foreign state or country are substantially the same as those required and contemplated under R.A. No. 9258; Provided, Further, that the laws of such state or country grant the same privilege to Filipino guidance counselors on the same basis as the subjects or citizens of such foreign state or country.

A foreign citizen, whether he/she studies in the Philippines or not, who desires to take the Licensure Examination for Guidance Counselor through reciprocity shall initiate the establishment of reciprocity between his/her country/state and the Philippines by presenting/submitting a letter or any document signed and under official seal by the appropriate official of his/her country/state requesting the Chairman of the Board to allow the foreign applicant to take the Board Licensure Examination for Guidance Counselors that by express provision of the law of his/her country/state, Filipino citizens shall be allowed to take the Licensure Examination for Guidance Counselors and to register as Guidance Counselor in his/her country/state on terms of strict and absolute equality with the citizens or subjects of said country or state including the unconditional recognition of prerequisite degrees issued by institutions of higher learning duly recognized or established by the Government of the Republic of the Philippines attaching/appending thereto an authentic or authenticated official copy of said law officially translated in the English language.

If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the Board shall issue a Resolution allowing the foreign applicant to take the Board Licensure Examination for Guidance Counselors by requiring him/her to file an application to take the Licensure Examination and by submitting the following documents that shall accompany the application:

a. The original or certified copy of any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside in the Philippines;
b. Present his/her passport for examination and for photocopying of pertinent information about the applicant;
c. Original or authenticated copy of transcript of records or equivalent document of the course for Licensure Examination issued by the institution of higher learning where he/she studied, duly authorized or accredited by his/her country/state; and
d. Other documents which may be required to be submitted by the Board.

RULE V

GENERAL PROVISIONS

SEC. 30. Funding Provision .- The Chairperson of the Professional Regulation Commission shall include in the Commission’s program the implementation of R.A. No. 9258, the funding of which shall be included in the General Appropriation Act (GAA).
The amount necessary to carry out the initial implementation of R.A. No. 9258 shall be charged against the current year’s Appropriations of the Professional Regulation Commission. Thereafter, such sums as may be necessary for the continued implementation of R.A. No. 9258 shall be included in the succeeding GAA.

SEC. 31. Assistance of Law Enforcement Agency. Any duly authorized law enforcement agency and officers of national, provincial, city, or municipal governments shall upon the call or request of the Commission or the Board render assistance in enforcing the provisions of R.A. No. 9258 and this RR thereof and to prosecute the violators in accordance with law and the Rules of Court.

SEC. 32. Rules and Regulations. Upon the creation thereof in January 26, 2007, the Board shall, subject to approval by the Commission, promulgate the necessary rules and regulations in coordination with the Accredited Professional Organizations (APO), either the Interim APO or the Integrated and Accredited National Organization of Registered and Licensed Guidance Counselors, in implementing the provisions of R.A. No. 9258.

SEC. 33. Penalty Clause. Any person who violates any provision of R.A. No. 9258 and this RR, or who commits fraud in the acquisition of Certificate of Registration, Professional Identification Card, or Special Permit shall be punished with imprisonment of not less than six (6) months but not more than eight (8) years or a fine not less than fifty thousand pesos (P50,000) but not more than one hundred thousand pesos (P100, 000), or both in the discretion of the court.

SEC. 34. Separability Clause. If any part of this RR is declared unconstitutional or invalid, the remaining part(s) not affected thereby, if separable, shall continue to be valid, enforceable, and operational.

SEC. 35. Repealing Clause. Any provision(s) of the rules, regulations, codes, orders, resolutions, measures, and other policies or part(s) thereof issued and
promulgated pursuant to P.D. No. 223 (as amended), R.A. No. 8981, and other laws which are inconsistent with this Rules and Regulations of the Guidance Counseling Act of 2004”, in short the “RR of R.A. No. 9258”, RR GCA 2004, or “RR” are hereby superseded, repealed, or amended accordingly.

SEC. 36. Effectivity. This RR of R.A. No. 9258 shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or any newspapers of general circulation in the Philippines.
Done in the City of Manila this _________day of _______________, 2007.

RHODELIA L. GABRIEL
Chairman

LUZVIMINDA S. GUZMAN LILY ROSQUETA-ROSALES
Member Member

ATTESTED BY:

CARLOS G. ALMELOR
Secretary
Professional Regulatory Boards

APPROVED:

LEONOR TRIPON-ROSERO
Chairperson

RUTH RANA-PADILLA
Commissioner

NILO ROSAS
Commissioner

PRB-BOGC/D-SRB
RLG/LSG/LRR/CGA/Shirley
Irr9258 2.doc

11 September 2007

vision-mission: models: mel levine

"i'm a pediatrician with a mission.

i'm obsessed with helping children find [13/14] success.
over the years, working in all sorts of settings, i have been struck by the despairing flock of boys and girls out there trying to make a go of it but faltering badly and disappointing their teachers, their families, and, worst of all, themselves. it has to be hard, very hard, to be a disappointment.

i have come to the conclusion that helping such children find their way is as much a part of pediatric care as curing asthma attacks and ear infections" (pp. 13-14)

"... having seen so often the agony of those who taste failure at an early age, i have developed a FERVENT COMMITMENT to such kids and to their parents and teachers. all are well-meaning, innocent victims of a child's particular neurological circuitry.

"... they all can be helped once we identify the strengths of their minds as well as the potholes that get in the way of thier success or mastery. we can cultivate their minds by addressing the weaknesses and strengthening the strengths." (p. 15

- melvin d. levine, md* (2003). a mind at a time. simon & shuster.
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*mel levine is a professor of pediatrics at the university of north carolina medical school and the director of its clinical center for the study of development and learning. he refers to himself as a "developmental-behavioral pediatrician specializing in learning differences" (2002, p. 2.**)
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** the myth of laziness. amazon remainders account.