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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. 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 Sec. 3 hereof. Sec. 3. Qualifications and Disqualifications of
the Board Members. — a) Each 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. Sec. 5. Duties and Functions of the Board. — The
Board shall have the following duties and functions: 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. 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. 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. ARTICLE III SECTION 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. SECTION 12. Scope of Examinations. — The scope of examinations for the practice of midwifery shall consist of the following: a) Infant care and feeding; b) Obstetrical anatomy and physiology; c) Principles of bacteriology as applied to midwifery practice; d) Obstetrics; 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. SECTION 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 therefore, establish to the satisfaction to the Board that he/she: a) is in good health and of good moral character; and b) is a graduate of midwifery in a government recognized and duly accredited institution. 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. SECTION 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. The school shall have a minimum ratio of one (1) clinical instructor to twelve (12) students in the hospital and in the community. 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. SECTION 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.); 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. SECTION 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. SECTION 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. SECTION 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. 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. SECTION 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. 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. 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. 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. 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. Sec. 26. Reissuance of Revoked Certificates and
Replacement of Lost Certificate. — The Board may, for reasons of equity
and justice and upon proper application therefore, issue another copy
of the certificate upon payment of dues, and in so doing, it may exempt
the applicant from the requisite examination. 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. 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. 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. 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. Sec. 30. Effectivity Clause. — This Act shall take
effect upon completion of its publication in at least two (2) national
newspapers of general circulation. Approved: April 10, 1992 |
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