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This page features the full text of
Republic Act No. 7392
"Philippine
Midwifery Act of 1992."
AN
ACT REVISING REPUBLIC ACT NO. 2644, AS AMENDED, OTHERWISE KNOWN AS THE
PHILIPPINE MIDWIFERY ACT
REPUBLIC
ACT NO. 7392AN
ACT REVISING REPUBLIC ACT NO. 2644, AS AMENDED, OTHERWISE KNOWN AS THE
PHILIPPINE MIDWIFERY ACT
ARTICLE
I
TITLE
Section
1. Title. — This Act shall be
known as the "Philippine Midwifery Act of 1992."
ARTICLE
II
THE
BOARD OF MIDWIFERY
Sec.
2. Composition. — There shall
be a Board of Midwifery, hereinafter referred to as the Board, which
shall
be under the direct supervision of the Professional Regulation
Commission
(PRC). It shall be a collegial body composed of a chairman and four (4)
members to be appointed by the President of the Philippines from among
the recommendees of the Commissioner of the Professional Regulation
Commission. chanrobles virtuallaw libraryred
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The
Commission shall recommend three (3) registered midwives from the list
submitted by the association of midwives; one (1) obstetrician from the
list submitted by the association of obstetricians; and one (1)
registered
nurse-midwife from the list submitted by the association of midwives:
Provided,
That said associations are accredited in accordance with Presidential
Decree
No. 223: Provided, further, That the nominees submitted shall possess
the
appropriate qualifications prescribed in Section 3 hereof.chanrobles virtual law library
Sec.
3. Qualifications and Disqualifications
of the Board Members. — (a) Each member of the Board shall at the time
of his appointment:
(1) be
a citizen and resident of the Philippines; chanrobles virtuallaw libraryred(2) be
of good moral character;
(3) be
at least thirty (30) years of age; and
(4) not
a member of the faculty, whether full time, part time or lecturer, of
any
school, college or university where a regular course in midwifery is
taught,
and shall not have any pecuniary interest directly or indirectly, in
such
institution during his term of office as a Board member.
(b) The
Chairman of the Board shall at the time of his appointment:
(1) be
a registered obstetrician; and chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) have
at least ten (10) years practice as an obstetrician prior to his
appointment.
(c) Three
(3) members of the Board shall at the time of their appointment:
(1) be
registered midwives; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) be
degree holders, preferably in the field of health and social sciences;
and
(3) have
at least ten (10) years practice as midwives prior to their
appointment,
five (5) years of which are in supervisory positions.
(d) One
(1) member of the Board shall at the time of his appointment:
(1) be
a registered nurse-midwife; and chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) have
at least ten (10) years practice as a nurse-midwife.chanrobles virtual law library
Sec.
4. Term of Office. — The Chairman
and the four (4) members of the Board shall hold office for a term of
three
(3) years or until their successors shall have been appointed and duly
qualified, without prejudice to reappointment for another term. Each
member
of the Board shall qualify by taking his/her oath of office before
entering
upon the performance of his/her duties.chanrobles virtual law library
Sec.
5. Duties and Functions of the
Board. — The Board shall have the following duties and functions:
(a) to
enforce the provisions of this Act; chanrobles virtuallaw libraryred(b) to
administer oaths in accordance with the provisions of this Act;
(c)to
issue and, after due investigation, suspend or revoke certificates or
registration
for the practice of midwifery;
(d) to
investigate any violation of this Act or of the rules and regulations
issued
thereunder, as may come to the knowledge of the Board; and for this
purpose,
to issue subpoena and subpoena duces tecum to alleged violators or
witnesses
to secure their attendance in investigations or hearings, and the
production
of books, papers and documents in connection therewith and compel their
attendance by the power of contempt;
(e) to
conduct yearly board examinations to midwifery examinees under the
supervision
of the Commission;
(f) to
look, from time to time, into the condition affecting the practice of
midwifery
in the Philippines and adopt such measures as may be deemed necessary
for
the maintenance of the standards and ethics of the profession; and
(g) to
adopt an official seal to authenticate its official documents. chanrobles virtuallaw libraryred
The
Board shall exercise these powers and duties in accordance with
Presidential
Decree No. 223.chanrobles virtual law library
chanrobles virtuallaw libraryred
Sec.
6. Compensation of Board Members.
— The Chairman and the Members of the Board shall receive the same
compensation
granted to the Chairman and members of the boards of similar nature as
provided for in the General Appropriations Act. chanrobles virtuallaw libraryred
Sec.
7. Removal of Board Members.
— Any member of the Board may be removed from office by the President,
upon the recommendation of the Professional Regulation Commission, for
neglect of duty, incompetence or for unprofessional, immoral or
dishonorable
conduct, after having been given the opportunity to defend himself in a
proper administrative investigation conducted by the Commission.cralaw:red
Sec.
8. Supervision of the Board and
Custodian of Its Records. — The members of the Board shall be under the
general supervision of the Professional Regulation Commission. All
records,
including examination papers, examination results, minutes of
deliberation,
records of administrative cases and investigations of the Board shall
be
kept by the Commission.
Sec.
9. Rules and Regulations. — Subject
to the approval of the Commission, the Board shall set ethical and
professional
standards for the practice of midwifery and adopt such rules and
regulations
as may be necessary to carry out the provisions of this Act. Such
standards,
rules and regulations shall take effect thirty (30) days after
publication
in two (2) national newspapers of general circulation.cralaw:red
Sec.
10. Annual Report. — The Board
shall submit an annual report to the Commission at the end of each
calendar
year, giving a detailed report of its activities and proceedings during
the year. Other information or data may be requested by the Commission
as often as may be necessary and practicable.cralaw:red
ARTICLE
III
EXAMINATION
AND REGISTRATION OF MIDWIVES
Sec.
11. Examination Required. — All
applicants for registration to the practice of midwifery in the
Philippines
shall be required to undergo an examination as required for in this
Act.chanrobles virtual law library
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Sec.
12. Scope of Examinations. —
The scope of examinations for the practice of midwifery shall consist
of
the following:
(a) Infant
care and feeding; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) Obstetrical
anatomy and physiology;
(c) Principles
of bacteriology as applied to midwifery practice;
(d) Obstetrics;chanrobles virtuallaw libraryred
(e) Midwifery
procedures;
(f) Domiciliary
midwifery;
(g) Community
hygiene and first aid;
(h) Nutrition;
(i) Ethics
of midwifery practice;
(j) Primary
health care;
(k) Professional
Growth and Development;
(l) Family
planning; and
(m) Other
subjects within the Board may deem necessary for addition or inclusion
from time to time.
Sec.
13. Prerequisite and Qualifications
of Applicants for Examination. — In order to be admitted to the
midwifery
examination, an applicant shall, at the time of filing of his/her
application
therefor, establish to the satisfaction to the Board that he/she:
(a) is
in good health and of good moral character; and chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) is
a graduate of midwifery in a government recognized and duly accredited
institution.chanrobles virtual law library
At
the time of the issuance of a certificate of registration, the
applicant
shall be a citizen of the Philippines and at least eighteen (18) years
of age.
Sec.
14. Schools of Midwifery. — To
be recognized as a duly accredited and legally constituted institution
for midwifery training as provided in this Act, a school of midwifery
shall
have a permit from the Department of Education, Culture and Sports
(DECS).
The school shall have at least fifty (50) maternity beds and affiliated
with an accredited hospital duly accredited by an authorized government
agency or instrumentality.chanrobles virtual law library
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The
school shall have a minimum ratio of one (1) clinical instructor to
twelve
(12) students in the hospital and in the community.chanrobles virtual law library
Before
allowing a student to graduate, the school shall satisfactory show to
the
Department of Education, Culture and Sports (DECS) or other authorized
government agencies that the student has completed the course in
midwifery
as prescribed by the DECS or other duly authorized government agencies,
and that during the training, the student has personally attended at
least
a total of twenty (20) deliveries in the hospital and in its
domiciliary
services.cralaw:red
Sec.
15. Qualification of Faculty.
— The faculty shall have academic preparation appropriate to teaching
assignment,
as follows:
(a) At
least a bachelor's degree holder or Doctor of Medicine (M.D.); chanrobles virtuallaw libraryred(b) Proof
of competence in the field of specialization assigned to him; and
(c) A
registered nurse or registered midwife in the Philippines with at least
one (1) year of satisfactory teaching experience or one (1) year of
efficient
performance in maternity ward/community: Provided, That a registered
midwife
may be allowed to follow-up student midwives in the community ward
provided
she has at least two (2) years of experience in the area of assignment
and has undergone training in the supervision of students.
Sec.
16. Ratings in the Board of Examination.
— To be qualified as having passed the Board Examination for midwives,
a candidate must obtain a general rating of seventy-five percent (75%)
in the written test with no grade lower than fifty percent (50%) in any
subject.chanrobles virtual law library
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Sec.
17. Report of the Results of
Examination. — The Board shall, within one hundred twenty (120) days
after
the examination, report the ratings obtained by each candidate to the
Commissioner
of the Professional Regulations Commission. chanrobles virtuallaw libraryred
Sec.
18. Issuance of Certificate.
— Certificate of Registration as midwife shall, upon payment of the
required
fees, be issued to any applicant who passes the examination. Every
certificate
of registration shall show full name of registrant, have a serial
number,
bear the signatures of the members of the Board, be attested by the
Secretary
of the Board, and be duly authenticated by the official seal of the
Board.cralaw:red
The
issuance of a certificate of registration by the Board to the
registrant
shall be evidence that the person named herein is entitled to all
rights
and privileges of a registered midwife until said certificate, for just
cause, is suspended temporarily or revoked.cralaw:red
Sec.
19. Registration of Nurse-Midwife.
— Certification of registration may be issued to registered nurses who
pass the examination for midwives: Provided, That the nurse, before
being
allowed to take examination show evidence to the Board of having
actually
handled twenty (20) delivery cases as certified to by the director or
chief
of a duly registered or recognized hospital, or by the proper
municipal,
city, or provincial health officer.
Sec.
20. Fees of Examination and Registration.
— Applicants for examination for the practice of midwifery shall pay an
examination fee as prescribed by the Professional Regulation
Commission.cralaw:red
Sec.
21. Inhibition Against Practice
of Midwifery. — No person shall practice or offer to practice midwifery
in the Philippines, as defined in this Act, without holding a valid
certificate
of registration and a professional license as midwife.cralaw:red
Sec.
22. Foreign Reciprocity. — No
midwife who is a citizen, subject or national of a foreign country
shall
be granted any of the rights and privileges under this Act unless he or
she shows to the satisfaction of the Board that the country of which he
or she is a citizen, subject or national, permits within its
territorial
limits on the same basis as the citizen, subject or national of such
country:
Provided, That the requisite for admission to midwifery school and for
graduation in said country are substantially the same as those in this
country.
Sec.
23. Practice of Midwifery Defined.
— The practice of midwifery consist in performing or rendering, or
offering
to perform or render, for a fee, salary, or other reward or
compensation,
services requiring an understanding of the principles and application
of
procedures and techniques in the supervision and care of women during
pregnancy,
labor and puerperium management of normal deliveries, including the
performance
of internal examination during labor except when patient is with
antenatal
bleeding; health education of the patient, family and community;
primary
health care services in the community, including nutrition and family
planning
in carrying out the written order of physicians with regard to
antenatal,
intra-natal and post-natal care of the normal pregnant mother in giving
immunization, including oral and parenteral dispensing of oxytocic drug
after delivery of placenta, suturing parietal lacerations to control
bleeding,
to give intravenous fluid during obstetrical emergencies provided they
have been trained for that purpose; and may inject Vitamin K to the
newborn:
Provided, however, That this provision shall not apply to students in
midwifery
schools who perform midwifery service under the supervision of their
instructors,
nor to emergency cases.chanrobles virtuallaw libraryred
Sec.
24. Refusal to Issue Certificate
of Registration. — The Board shall refuse to issue a certificate of
registration
to any person convicted by a court of competent jurisdiction of any
criminal
offense involving moral turpitude, and to any person guilty of immoral
or dishonorable conduct. The Board shall give the applicant a written
statement
setting forth the reason or reasons for its action, which statement
shall
be incorporated in the records of the Board.cralaw:red
Sec.
25. Revocation and Suspension
of Certificates. — The Board shall have the power to revoke or suspend
the validity of a certificate of registration of a midwife for any of
the
causes mentioned in the preceding section, or for unprofessional
conduct,
malpractice, incompetence or serious ignorance or negligence, assisting
or performing abortion in the practice of midwifery or for making use
of
fraud, deceit or false statements to obtain a certificate of
registration.cralaw:red
From
the decision of the Board, appeal may be taken to the Professional
Regulation
Commission which decision shall be final.cralaw:red
Sec.
26. Reissuance of Revoked Certificates
and Replacement of Lost Certificate. — The Board may, for reasons of
equity
and justice and upon proper application therefor, issue another copy of
the certificate upon payment of dues, and in so doing, it may exempt
the
applicant from the requisite examination.cralaw:red
ARTICLE
IV
MISCELLANEOUS
PROVISIONS
Sec.
27. Penal Provision. — Any person
who shall practice midwifery in the Philippines within the meaning of
this
Act without a certificate of registration issued in accordance
herewith,
or any person presenting or using as his/her own certificate of
registration
of another, or any person giving any false or forged evidence to the
Professional
Regulation Commission in order to secure a certificate of registration,
or any person using a revoked or suspended certificate of registration
or any person assuming, using or advertising, as a registered midwife
or
a registered nurse-midwife or appending to his/her name the letters
"R.M."
without having been conferred such title by the Professional Regulation
Commission or advertising any title description tending to convey the
impression
that he/she is a registered midwife, shall be guilty of misdemeanor and
shall, upon conviction, be sentenced to a fine of not less than Ten
thousand
pesos (P10,000.00) nor more than Thirty thousand pesos (P30,000.00), or
to suffer imprisonment for a period of not less than two (2) years nor
more than seven (7) years, or both such fine and imprisonment at the
discretion
of the court. chanrobles virtuallaw libraryred
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The
aforementioned penalty shall likewise be imposed upon any person found
guilty of violation of any rule and regulation issued pursuant to the
provisions
of this Act.chanrobles virtual law library
Sec.
28. Repealing Clause. — Republic
Act Numbered Two Thousand Six Hundred and Forty-four is hereby repealed
and all laws, decree, orders, instructions, rules and regulations and
other
issuances or parts thereof inconsistent with this Act are likewise
repealed
or amended accordingly.cralaw:red
Sec.
29. Separability Clause. — If
for any reason, any part or section of this Act shall be declared
unconstitutional
or invalid, other sections or provisions hereof which are not affected
thereby shall continue to be in full force and effect.cralaw:red
Sec.
30. Effectivity Clause. — This
Act shall take effect upon completion of its publication in at least
two
(2) national newspapers of general circulation. chanrobles virtuallaw libraryred
Approved:
April 10, 1992
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