REPUBLIC ACT NO.

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

Contents:

ARTICLE I – TITLE
ARTICLE II - THE BOARD OF MIDWIFERY
ARTICLE III - EXAMINATION AND REGISTRATION OF MIDWIVES
ARTICLE IV - MISCELLANEOUS PROVISIONS (penal provision/forgery)
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 recomnmendees 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:

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.

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:

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.

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.

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

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

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 1-
the performance of internal examination during labor except when patient is with antenatal bleeding; 2-
health education of the patient, family and community; 3-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 a-
immunization, b- including oral and parenteral dispensing of oxytocic drug after delivery of placenta, c-
suturing parietal lacerations to control bleeding, d- to give intravenous fluid during obstetrical
emergencies provided they have been trained for that purpose; and may e- 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.

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

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
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.

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