REPUBLIC ACT No. 7883

AN ACT GRANTING BENEFITS AND INCENTIVES TO ACCREDIT BARANGAY HEALTH WORKERS AND FOR OTHER PURPOSES

Section 1. Short Title. - This Act shall be known as the “Barangay Health Workers’ Benefits and Incentives Act of 1995.”

Sec. 2. Statement of Policy. - The state shall protect and promote the right to health of the people and to provide conditions of health empowerment, where each individual has access to information and services that will bring about health and well being.

The Primary Health Care Approach is recognized as the major strategy towards health empowerment, emphasizing the need to provide accessible and acceptable health services through the participatory strategies such as health education, training of barangay health workers, community building and organizing. Toward this

end, this Act shall provide incentives to communities an act as frontliners in the Primary Health Care approach.

The government and all its instrumentalities shall also recognized the rights of barangay health workers to organize themselves, to strengthen and systematize their services to their community; and to make a venue for sharing their experiences and for recommending policies and guidelines for the promotion, maintenance and

advancement of their activities and services.

Sec. 3. Definition. - The term “barangay health workers” refers to a person who has undergone training programs under any accredited government and non-government organization and who voluntarily renders primarily health care services in the community after having been accredited to function as such by the local

health board in accordance with the guidelines promulgated by the Department of Health (DOH).

Sec. 4. Registration. - In order of barangay health workers to be entitled to benefits and incentives provided under this Act, they shall register with the Local Health Board, through the provincial health boards in the case of municipalities, shall furnish a copy of such registry to the DOH, which is hereby mandated to maintain a

national register of barangay health workers. The accredited barangay health workers shall be given appropriate proof of said accreditation.

Sec. 5. Number of Barangay Health Workers. - The DOH shall determine the ideal ratio of barangay health workers to the number of households; Provided, that the total number of barangay health workers nationwide shall not exceed one percent (1%) of the total population

Sec. 6. Incentives and Benefits. - In recognition of their services, all accredited barangay health workers who are actively and regularly performing their duties shall be entitled to the following incentives and benefits:

(a) Hazard Allowance. - Volunteer barangay health workers in rural and urban areas, exposed to situation, conditions or factors in the work environment or place where foreseeable but unavoidable danger or risks exist which adversely endanger his health or life and/or increase the risk of producing adverse

effect on his person in the exercise of his duties, to be validated by the proper authorities, shall be entitled to hazard allowance in an amount to be determined by the local health board and the local peace and order council of the local government unit concerned.

(b) Subsistence Allowance. - Barangay health workers who render service within the premise of isolated barangay health stations in order to make their services available at any and all times shall be entitled to subsistence allowance equivalent to the meals they take in the course of their duty, which shall

be computed in accordance with prevailing circumstances as determined by the local government unit concerned.

(1) educational programs which shall recognize years of primary health care service as credits to higher education in institutions with stepladder curricula that will entitle barangay health care workers to upgrade their skills and knowledge for community work or to pursue further training

as midwives, pharmacists, nurse or doctors:

(2) continuing education, study and exposure tours, training, grants, field immersion, scholarships;

(3) scholarships benefits in the form of tuition fees in state colleges to be granted to one child of every barangay health worker who will not be able to take advantage of the above programs.

(4) Special training programs such as those on traditional medicine, disaster preparedness and other programs that address emergent

community health problems and issues.

(c) Civil Service Eligibility. – A second grade eligibility shall be granted to barangay health workers who have rendered five years continuous service as such: Provided, That should the barangay health workers become a regular employee of the government, the total numbers of years served as barangay

health worker shall be credited to his/her service in computing retirement benefits.

(d) Free Legal Services. - Legal representation and consultation services for barangay health workers shall be immediately provided by the Public Attorney’s office in cases of coercion, interference, and in other civil and criminal cases filed by or against barangay health workers arising out of or in

connection with the performance of their duties as such.

(e) Preferential Access to Loan. - The DOH in coordination with other concerned government agencies shall provide, within one hundred eighty (180) days after the effectivity of this Act, a mechanism to access to loan services by organized health workers. The agencies providing loan services will set aside one

percent (1%) of their loanable funds for organized barangay health worker groups that have community based income generating projects in support of health programs or activities.

Sec. 7. Review by the Local Health Board. - Every incentive or benefit for barangay health worker requiring expenditure of local funds shall be reviewed and approved by the local health board to ensure that only the deserving barangay health workers get the same.

Sec. 8. Rules and Regulation. - The Department of Health, in cooperation with the Department of Education, Culture and Sports, the Department of Interior and Local Government, the Department of Justice, the Civil Service Commission, and other concerned government agencies and non-government organizations, shall

formulate, within one hundred eighty days (180) from its effectivity, the rules and regulation necessary yo implement this Act.

Sec. 9. Separability Clause. - If any provision of this Act is declared invalid, the remainder of any provision hereof not affected thereby shall remain in force and effect.

Sec. 10. Repealing Clause. - All laws, decrees, executive orders, and other presidential issuances which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 11. Effectivity. - This Act take effect fifteen days (15) after its publication in at least two (2) national newspapers of general circulation.

REPUBLIC ACT NO. 7392

REPUBLIC ACT NO. 7392 - AN ACT REVISING REPUBLIC ACT NO. 2644, AS AMENDED, OTHERWISE KNOWN AS THE PHILIPPINE MIDWIFERY ACT

ARTICLE ITITLE

SECTION 1.    Title. — This Act shall be known as the "Philippine Midwifery Act of 1992."

ARTICLE IITHE BOARD OF MIDWIFERY

SECTION 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 Section 3 hereof.

SECTION 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; 

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 

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; 

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 

2)    have at least ten (10) years practice as a nurse-midwife. 

SECTION 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. 

SECTION 5.    Duties and Functions of the Board. — The Board shall have the following duties and functions: 

a)    to enforce the provisions of this Act; 

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. 

The Board shall exercise these powers and duties in accordance with Presidential Decree No. 223. 

SECTION 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. 

SECTION 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. 

SECTION 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.   

SECTION 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. 

SECTION 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.

ARTICLE III EXAMINATION AND REGISTRATION OF MIDWIVES

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.  

SECTION 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. 

SECTION 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. 

SECTION 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. 

SECTION 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.

SECTION 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. 

SECTION 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. 

From the decision of the Board, appeal may be taken to the Professional Regulation Commission which decision shall be final. 

SECTION 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 MISCELLANEOUS PROVISIONS

SECTION 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. 

SECTION 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. 

SECTION 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. 

SECTION 30.    Effectivity Clause. — This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.