QuestionsQuestions (Republic Act No. 2644)
RA 2644 is known as the “Philippine Midwifery Law.” It regulates midwifery training and practice in the Philippines, including examination, registration, and the authority of the Board of Examiners for Midwives.
The Board is composed of a chairman (an obstetrician) and two members (one registered nurse-midwife and one registered midwife). It is under the direct supervision and control of the President of the Philippines.
They must be Filipino citizens, at least 30 years old, and have at least 5 years of successful practice, of good moral character. They cannot be faculty of any midwifery school during the year before, during, and after their term, and they must not have any pecuniary interest in such institutions.
The Board can issue, suspend, revoke, or reissue certificates of registration; investigate violations; issue summons/subpoena/subpoena duces tecum; compel attendance and production of records; and recommend or adopt measures to improve midwifery practice and enforce the law.
Each member holds office for three years or until successors are appointed and qualified. In the first Board, terms are distributed: one for three years, one for two years, and one for one year. Vacancies are filled only for the unexpired portion.
The Commissioner of Civil Service is the Executive Officer. The Secretary of the Board of Examiners appointed under RA 546 also serves as Secretary of the Board for Midwives.
Examinations are held on the second Tuesday of August and February each year. They are given in Manila and in other places deemed necessary and expedient, subject to approval.
The written test includes: (1) obstetrical anatomy and physiology, (2) principles of bacteriology as applied to midwifery, (3) obstetrics, (4) midwifery procedures, (5) domiciliary midwifery, (6) infant care and feeding, (7) community hygiene and first aid, (8) normal nutrition, and (9) ethics of midwifery practice.
Applicants must be Filipino citizens; at least 21 years old; in good health and of good moral character; finished standard academic high school; and completed an accredited midwifery course covering specified subjects (anatomy/physiology, bacteriology, obstetrics, procedures incl. personal hygiene and patient environment, delivery room technique, nursery technique and infant care, ethics, nutrition, domiciliary midwifery, community hygiene and first aid, and mothercraft).
It must have a permit from the Department of Education and be associated with or have control of a hospital with at least 50 beds for maternity cases authorized by the Department of Health. If the hospital has over 30 but less than 50 beds, it must be affiliated preferably with a government hospital meeting the qualifications. No school may operate with fewer than 30 maternity beds. It must meet staff-to-bed and teaching staff-to-student ratios, and must show attendance of at least 18 months of training and supervised participation in at least 20 deliveries in hospital and at least 5 domiciliary deliveries before graduation.
A candidate must obtain a general rating of 75% with no lower than 60% in Obstetrics, Infant Care and Feeding, Midwifery Procedures and Domiciliary Midwifery; and in other subjects, no grade lower than 50%.
It is evidence that the person named is entitled to all rights and privileges of a registered midwife until the certificate is revoked temporarily or cancelled for just cause.
A person practices midwifery if, for a fee/salary/compensation, they perform services requiring understanding and application of principles and techniques applicable to caring for normal child-bearing women from beginning of pregnancy until end of puericulture and care of their normal infants during the neonatal period.
The law does not apply to midwifery students performing midwifery services under supervision of instructors, nor to cases of emergency.
Penalized acts include practicing without a valid certificate (or without being exempt), using another person’s certificate, giving false/forged evidence to obtain a certificate, using a revoked/suspended certificate, assuming/advertising as registered midwife or registered nurse-midwife without authority, using improper titles (e.g., appending RM without being conferred), and violating rules/regulations issued pursuant to the Act. Penalties range from a fine of not less than P1,000 nor more than P5,000 and/or imprisonment of not less than 1 year nor more than 5 years, at the court’s discretion.
Hilots registered with the Department of Health under the UNICEF Philippine Department of Health project, and hilots in localities where a practising physician or registered midwife is not available, who have actually safely handled 20 delivery cases as certified by the proper health officer, may continue in the practice of their trade.
The Board may suspend or revoke for causes such as those in the prior refusal-to-issue section plus unprofessional conduct, malpractice, incompetency, serious ignorance or negligence, or fraud/false statements to obtain a certificate. From the Board’s decision, appeal may be taken to the Secretary of Health, whose decision is final.