Law Summary
Board of Examiners for Midwives: Creation and Composition
- Established under the direct supervision of the President of the Philippines.
- Composed of a chairman (an obstetrician) and two members: one registered nurse-midwife and one registered midwife.
- Members appointed by the President with consent of the Commission on Appointments and recommendation of the Commissioner of Civil Service.
- Members selected from certified obstetricians and national associations of nurse-midwives and midwives.
Qualifications of Board Members
- Must be Filipino citizens, residents, of good moral character, and at least 30 years old.
- Minimum of 5 years successful practice prior to appointment.
- Prohibited from being faculty or having financial interest in midwifery schools during term and one year before and after.
- Chairman must be an obstetrician; nurse-midwife members must be registered nurses and midwives; midwife member preferably a degree holder.
Powers and Duties of the Board
- Authority to issue, suspend, revoke, or reissue certificates of registration.
- Maintain ethical, technical, and moral standards in midwifery practice.
- Power to investigate violations, summon witnesses, and require documents.
- Recommend improvements and enforce the Act vigorously.
Term of Office
- Board members serve for three years or until successors are appointed.
- Initial terms staggered to one, two, or three years.
- Vacancies filled only for unexpired terms.
- Members must take oath prior to duties.
Executive Officer and Secretary
- Commissioner of Civil Service acts as Executive Officer.
- Secretary of the Board of Examiners acts as Secretary for the Midwifery Board.
- Records and examination papers kept by the Bureau of Civil Service.
Compensation and Removal of Board Members
- Each member receives ten pesos per candidate examined.
- Removal by the President for neglect, incompetence, irregularities, or unprofessional conduct, with due process.
Rules, Regulations and Reporting
- Board may promulgate rules with President's approval.
- Must submit annual report to the President detailing activities and finances.
Examination Requirements
- Registration requires passing a board examination unless exempted.
- Exams held biannually in Manila and other locations as approved.
- Scope includes obstetrical anatomy, bacteriology, obstetrics, procedures, domiciliary care, infant care, community hygiene, nutrition, and ethics.
Qualifications for Examination Candidates
- Must be a Filipino citizen, at least 21 years old, healthy, of good moral character.
- Completed standard high school and accredited midwifery course covering specific subjects.
Accredited Schools of Midwifery
- Must have permit from Department of Education.
- Associated with or control a hospital with minimum 50 maternity beds.
- Minimum staff-to-bed and staff-to-student ratios mandated.
- Students must attend 18 months of training and complete required delivery cases.
Existing Schools Compliance
- Schools operating before the Act must conform within two years or have permits revoked.
Grading and Certification
- Passing grade: 75% overall, minimum 60% in key subjects, and no grade below 50% in others.
- Results reported to Civil Service Commissioner within 120 days.
- Certificates issued to successful examinees with official signatures and seal.
Registration of Nurse-Midwives
- Registered nurses can be issued midwife certificates upon passing exam or showing experience with deliveries.
Fees
- Examination fee: 30 pesos; registration fee: 15 pesos.
Practice Prohibition Without Registration
- No one shall practice midwifery without a valid certificate unless exempted.
Foreign Reciprocity
- Foreign midwives must prove reciprocal rights and equivalent qualifications to be registered.
Definition of Practice of Midwifery
- Includes performance of care from pregnancy to neonatal period for compensation.
- Excludes students under supervision and emergency cases.
Grounds for Refusal of Registration
- Conviction of moral turpitude crimes, immoral or dishonorable conduct.
- Written explanation must be provided.
Revocation and Suspension of Certificates
- For reasons including misconduct, malpractice, incompetence, or fraud.
- Appeals may be made to the Secretary of Health whose decision is final.
Reissue and Replacement of Certificates
- Board may reissue certificates for a fee and may exempt applicants from re-examination.
- Replacement of lost or mutilated certificates allowed upon payment.
Penal Provisions
- Unregistered practice, misuse or forging certificates, false evidence, and improper use of titles punishable by fines or imprisonment.
- Hilots trained and registered under specific government projects allowed under conditions.
- Violations of rules under the Act also penalized.
Repealing Clause
- All inconsistent laws and regulations repealed.
Appropriations
- Initial appropriation of 2,000 pesos from National Treasury for implementation.
- Subsequent funding to be included in the General Appropriations Act.
Effectivity
- The Act takes effect upon approval on June 18, 1960.