Copy of RA 7392

Examination Required. — All applicants for registration to the practice of midwifery shall be required to undergo an examination.

Ratings in the Board of Examination. — 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.

Qualifications and Disqualifications of the Board Members

(a) Each member of the Board shall at the time of his appointment:

(1) a citizen and resident of the Philippines;

(2) of good moral character;

(3) at least thirty (30) years of age; and

(b) The Chairman of the Board shall:

(1) be a registered obstetrician; and

(2) have at least ten (10) years practice as an

obstetrician prior to his appointment.

Issuance of Certificate. — A Certificate of Registration as midwife shall be issued to any applicant who passes the examination which shall be evidence that the person named therein is entitled to all rights and privileges of a registered midwife until said certificate, for just cause, is suspended temporarily or revoked.

(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.

(c) Three (3) members of the Board shall:

(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.

What is crime involving moral turpitude? It is an act of baseness, vileness, or the depravity in the performance of private and social duties that man owes to his fellow man or to society in general.

The Commission shall recommend three (3) registered midwives; one (1) obstetrician; and one (1) registered nurse-midwife:

abduction with consent, seduction under the promise of marriage, rape

illicit sexual relations with a fellow worker, bigamy, adultery, concubinage,

smuggling, profiteering, robbery, theft, murder, violation of Batas Pambansa Blg. 22,

intriguing against honor, violation of the Anti-Fencing Law, violation of the Dangerous

Drugs Act, perjury, forgery, direct & indirect bribery, frustrated homicide, arson, evasion of income tax, barratry, blackmail, duelling, embezzlement,

malversation, extortion, libel, making fraudulent proof of loss on insurance contract,

mutilation of public records, fabrication of evidence, offenses against pension laws,

estafa, falsification of public document, and estafa thru falsification of public document.

ARTICLE II

THE BOARD OF MIDWIFERY

REPUBLIC ACT NO. 7392

"PHILIPPINE MIDWIFERY ACT OF 1992."

Duties and Functions:

d) One (1) member of the Board shall:

(1) be a registered nurse-midwife; and

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

(a) to enforce the provisions of R. A. 7392;

(b) to administer oaths;

(c) to issue and, after due investigation, suspend or

revoke certificates or registration for the practice of

midwifery;

ARTICLE IV

MISCELLANEOUS PROVISIONS

Composition

Term of Office. —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.

Penal Provision. — Any person who shall:

(a) practice midwifery without a certificate of registration,

(b) presenting or using as his/her own the certificate of registration of another,

(c) giving any false or forged evidence to PRC in order to secure a certificate of registration,

(d) using a revoked or suspended certificate of registration,

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,

(e) 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,

(f) advertising any title description tending to convey the

impression that he/she is a registered midwife,

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:

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.

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

(a) 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;

(a) conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude,

(b) immorality,

(c) dishonorable conduct.

(d) unprofessional conduct,

(e) malpractice,

(f) incompetence or serious ignorance or negligence,

(g) assisting or performing abortion in the practice of midwifery, or

(h) for making use of fraud, deceit or false statements to obtain a certificate of registration.

There shall be a Board of Midwifery, 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 PRC.

Inhibition Against Practice of Midwifery. — No person shall practice or offer to practice midwifery without holding a valid certificate of registration and a professional license as midwife.

(d) to investigate any violation of R.A. 7392 or of the rules and regulations issued thereunder;

(e) to conduct yearly board examinations to midwifery examinees; and

(f) to look, from time to time, into the condition affecting the practice of midwifery and

adopt such measures as may be deemed necessary for the maintenance of the standards and ethics

of the profession;

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.

(b) health education of the patient, family and community;

(c) primary health care services in the community, including nutrition and family planning in carrying out the written order of physicians. Provided, however, That this provision shall not apply to students in midwifery schools, nor to emergency cases.

ARTICLE III

EXAMINATION AND REGISTRATION OF MIDWIVES

Penalties:

Shall be guilty of misdemeanor and shall, upon conviction,

(a) 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

(b) to suffer imprisonment for a period of not less than two (2) years nor more than seven (7) years, or

(c) both such fine and imprisonment at the discretion of the court.

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.

Prerequisite and Qualifications of Applicants for Examination. — The 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

(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.

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

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(a) neglect of duty,

(b) incompetence or

(c) for unprofessional,

immoral or dishonorable

conduct.