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Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. 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. 7392 AN ACT REVISING REPUBLIC ACT NO. 2644, AS AMENDED, OTHERWISE KNOWN AS THE PHILIPPINE MIDWIFERY ACT
ARTICLE
I
Section
1. Title. — This Act shall be
known as the "Philippine Midwifery Act of 1992." ARTICLE
II
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. chan
robles virtual law library
chan robles virtual law library 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:
(b) The
Chairman of the Board shall at the time of his appointment:
(c) Three
(3) members of the Board shall at the time of their appointment:
(d) One
(1) member of the Board shall at the time of his appointment:
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:
The
Board shall exercise these powers and duties in accordance with
Presidential
Decree No. 223.chanrobles virtual law library chan
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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. chan
robles virtual law library
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 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 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 ARTICLE
III
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 chan
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Sec.
12. Scope of Examinations. —
The scope of examinations for the practice of midwifery shall consist
of
the following:
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:
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 chan
robles virtual law library
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 Sec. 15. Qualification of Faculty. — The faculty shall have academic preparation appropriate to teaching assignment, as follows:
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 chan
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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. chan
robles virtual law library
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 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 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 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 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.chan robles virtual law library 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 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 From the decision of the Board, appeal may be taken to the Professional Regulation Commission which decision shall be final.cralaw 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 ARTICLE
IV
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. chan
robles virtual law library chan
robles virtual law library
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 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 Sec.
30. Effectivity Clause. — This
Act shall take effect upon completion of its publication in at least
two
(2) national newspapers of general circulation. chan
robles virtual law library
Approved:
April 10, 1992
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