RA 7392 & Midwifery Jurisprudence - Cheat Sheet
Your last-minute revision companion for RA 7392, the Philippine Midwifery Act of 1992. This quick-reference guide covers legislative history, Board structure, licensure pathways, scope, ethics, penal provisions, and the critical distinctions between midwifery (RA 7392) and nursing (RA 9173). Perfect for the final 30 minutes before the MLE.
The Act and Legislative Skeleton
Important facts
- RA 7392 enacted in 1992 to modernise the regulation of midwifery practice.
- Declared policy: public protection through competence and training verification.
- Licence issued in one region is valid nationwide (national regulation, not regional).
- Midwifery is a PRC-regulated profession, like nursing, pharmacy, and medicine.
- The Act defines scope, educational entry, licensure by examination, renewal, ethics, and penalties.
Key definitions
RA 7392
Example
Every practice, licence, and ethical duty flows from RA 7392.
Philippine Midwifery Act of 1992; the single governing statute for registered midwives in the Philippines.
Superseded Law
Example
If an exam question mentions RA 2644, it is historical context; current law is RA 7392.
RA 2644 (Philippine Midwifery Act of 1960) was the predecessor; RA 7392 modernised and replaced it.
Professional Regulation Commission (PRC)
Example
Midwife licences are issued by PRC through its Board of Midwifery.
National agency responsible for regulating all licensed professions in the Philippines, including midwifery.
The Professional Regulatory Board of Midwifery
Common values
Value
3 members (1 Chairman + 2 members)
Symbol
n
Quantity
Board size
Value
President of the Philippines
Symbol
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Quantity
Appointing authority
Important facts
- Board members serve fixed terms and take an oath before assuming office.
- Board members must themselves be registered midwives in good standing.
- Members barred from midwifery school or review-centre connections while in office (conflict of interest).
- Board appointments are at the sole discretion of the President (executive function).
- Board decisions in administrative cases are appealable to PRC and ultimately courts (due process).
Key definitions
Board of Midwifery (PRB of Midwifery)
Example
The Board prepares the MLE, rates exams, issues and revokes licences, and investigates ethical violations.
Regulatory body created by RA 7392, composed of a Chairman and 2 members, all appointed by the President and must be registered midwives of good standing.
Board Composition
Example
Board must remain free of conflicts; members may not be affiliated with midwifery schools while serving.
Chairman + 2 members = 3 total; all appointed by the President from list of nominees.
Diagrams to know
- Organizational hierarchy: PRC → Board of Midwifery → Examinee/Registrant
Powers and Functions of the Board
Important facts
- Board ADMINISTERS, PRESCRIBES, and ENFORCES RA 7392 and its Implementing Rules and Regulations (IRR).
- Board PREPARES, CONDUCTS, and RATES the licensure examination for midwives.
- Board ISSUES, SUSPENDS, or REVOKES Certificates of Registration (COR) and Professional Identification Cards (PIC).
- Board INVESTIGATES violations of the Act, Code of Ethics, and Board regulations.
- Board HEARS administrative cases against midwives (quasi-judicial function).
- Board PRESCRIBES Code of Ethics and Code of Technical Standards for practice.
- Board MONITORS midwifery education standards (with Commission on Higher Education).
- Board decisions are appealable through PRC and court system (administrative appeal).
Key definitions
Board Powers (Core Six)
Example
If a midwife is reported for unethical conduct, the Board investigates and may suspend or revoke her licence.
Administer RA 7392; prepare/conduct/rate MLE; issue/suspend/revoke COR and PIC; investigate violations; prescribe Code of Ethics and Technical Standards; monitor midwifery education.
Diagrams to know
- Board power flow: Regulate → Examine → License → Investigate → Discipline
Licensure and Registration Pathway
Common values
Value
Every 3 years
Symbol
—
Quantity
PIC renewal cycle
Important facts
- Candidate must be a Filipino citizen (or citizen of a country extending reciprocity to Filipinos).
- Candidate must be of good moral character (moral fitness standard).
- Candidate must be a graduate of midwifery from a school/college/university recognised by the government (through CHED).
- Candidate must not have been convicted of an offence involving moral turpitude (integrity bar).
- Candidate sits the licensure examination prepared and rated by the Board.
- Passing requires the general average set by the Board; no subject rating may fall below the prescribed minimum (aggregate + individual floor).
- On passing, the candidate takes the professional oath before the Board.
- After oath, the COR and PIC are issued; the person is then registered and may practise as RM.
- Registration by reciprocity is allowed for foreign midwives from countries granting the same to Filipinos (mutual recognition).
- All registrants (exam or reciprocity) are subject to the same Code of Ethics and scope limits.
Key definitions
Certificate of Registration (COR)
Example
Without a valid COR, one cannot lawfully conduct deliveries or call oneself a registered midwife.
Official licence issued by the Board to a person who has passed the MLE and taken the oath; proof of legal right to practise as a registered midwife.
Professional Identification Card (PIC)
Example
An expired PIC means the licence is not current, even if the original COR is not formally revoked.
Photo ID card issued alongside COR; renewed every 3 years; must be current to practise legally.
Registered Midwife (RM)
Example
Using 'RM' without a licence is illegal and may result in fine and/or imprisonment.
Professional title used only by persons holding a valid COR; protected by law.
Diagrams to know
- Licensure pipeline: Eligibility check → Exam → Pass → Oath → COR + PIC → Registered Midwife (RM)
Renewal, CPD, and Currency of Licence
Common values
Value
3 years
Symbol
—
Quantity
PIC renewal period
Value
RA 10912 (CPD Act of 2016)
Symbol
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Quantity
CPD legal basis
Important facts
- Licence renewal is not automatic; it requires active compliance with CPD requirements.
- PIC is renewed every 3 years (standard cycle across PRC-regulated professions).
- CPD is mandated by RA 10912 (NOT part of RA 7392 itself; common exam trap).
- Midwife must earn required CPD units/credits from accredited seminars, workshops, training, and approved activities.
- CPD reflects evolving obstetric practice, emergency protocols, and public-health programmes.
- Failure to meet CPD requirements results in inability to renew the PIC, effectively stopping lawful practice.
- CPD requirement applies equally to all midwives, regardless of seniority or experience.
- Accrediting bodies for CPD are designated by PRC and the Board (oversight).
Key definitions
Continuing Professional Development (CPD)
Example
A midwife must earn CPD units from accredited seminars/training to renew her PIC every 3 years.
Mandatory lifelong learning requirement under RA 10912 (CPD Act of 2016); required for licence renewal.
RA 10912
Example
CPD is a separate statute from RA 7392; it applies to midwives, nurses, physicians, and other professions.
The Continuing Professional Development Act of 2016; mandates CPD for all regulated professions in the Philippines.
Diagrams to know
- Renewal timeline: Current PIC → CPD units earned → Renewal application → PIC reissued (3-year cycle)
Professional Oath and Code of Ethics
Important facts
- The oath is a mandatory prerequisite to registration; no COR is issued without it.
- Core ethical duties: practise only within legal scope; refer promptly when case exceeds scope.
- Core ethical duties: maintain confidentiality of client information; obtain informed consent.
- Core ethical duties: keep accurate records of every case attended; avoid acts endangering mother or newborn.
- Core ethical duties: uphold profession's dignity; refrain from fee-splitting and false advertising.
- Code of Ethics is separate from the statute itself (prescribed by Board, not written in RA 7392).
- Breach of Code may result in administrative sanction (suspension or revocation) WITHOUT criminal conviction.
- Administrative liability (Code violation) and criminal liability (illegal practice) are separate and can run together.
- Code applies to all registered midwives uniformly across the country.
Key definitions
Professional Oath
Example
A newly-passed MLE examinee takes the oath in front of Board members before receiving the COR.
Solemn undertaking administered by the Board before registration, pledging to uphold the law, serve the public honestly, and practise within competence limits.
Code of Ethics
Example
The Code forbids fee-splitting, false advertising, and breaching confidentiality; violation may result in licence suspension.
Set of principles prescribed by the Board defining ethical duties and professional conduct; violations are grounds for administrative sanction independent of criminal liability.
Diagrams to know
- Ethical duty framework: Scope → Refer → Confidentiality → Consent → Records → Safety → Integrity
Scope of Midwifery Practice
Important facts
- Midwife's scope is NORMAL care — pregnancy, delivery, postnatal recovery, newborn care, family planning, community health.
- Midwife is NOT a physician; she does not diagnose, prescribe (except as Board allows), or manage complicated cases.
- Practising BEYOND SCOPE is grounds for licence revocation and penal liability.
- Recognise-and-refer is the core competency that keeps midwifery independent yet safe.
- Complicated/high-risk cases must be referred to hospital/BEmONC facility and appropriate specialist.
- Referral must be documented in the client's record with reason, time, and receiving facility/provider details.
- Midwife remains responsible for the client until handover to the receiving provider is complete.
- Scope is defined in RA 7392 and further clarified by Board Code of Technical Standards.
Key definitions
Scope of Midwifery
Example
A midwife may conduct a normal spontaneous vaginal delivery but must refer a breech presentation or pre-eclampsia.
Legal boundaries of independent midwifery practice: normal maternal, newborn, family-planning, and community care; excludes high-risk/complicated cases (which must be referred).
Recognise and Refer
Example
Detecting gestational diabetes in prenatal screening → immediate referral to health centre or hospital (midwife does not manage).
Core professional duty: midwife must promptly identify abnormalities and refer cases exceeding midwifery scope to appropriate facilities/providers.
Diagrams to know
- Scope boundary: Normal maternal/newborn/family-planning/community care (Midwife domain) ↔ High-risk/complicated cases (Refer to hospital/specialist)
Penal and Administrative Provisions
Important facts
- RA 7392 makes it unlawful to practise or represent oneself as RM without a valid COR and current PIC.
- Penalty for illegal practice: fine and/or imprisonment (exact peso amount and prison term in statute; state generally if uncertain).
- Grounds for refusal of COR: same as grounds for suspension/revocation (prospective bar).
- Moral turpitude: crime involving dishonesty, fraud, theft, or integrity (e.g., falsifying exam scores).
- Malpractice/gross negligence: serious error or omission causing harm (e.g., failing to refer a bleeding mother).
- Immoral/dishonourable conduct: behaviour bringing shame to the profession (e.g., fee-splitting, sexual misconduct).
- Fraud in obtaining licence: dishonesty in exam or application (e.g., cheating, false credentials).
- Practising beyond scope: performing tasks outside midwifery (e.g., suturing complex perineal tears, prescribing systemic antibiotics without protocols).
- Mental incompetence: lack of mental fitness to practise safely.
- Administrative liability (Board sanction) is separate from criminal liability (court conviction); both can occur together.
- Civil liability (malpractice damages) is also separate and concurrent.
Key definitions
Illegal Practice of Midwifery
Example
A person with no COR who conducts deliveries and calls herself 'Registered Midwife' commits illegal practice.
Practising midwifery or representing oneself as a registered midwife without a valid licence; punishable by fine and/or imprisonment under RA 7392.
Grounds for Licence Refusal, Suspension, or Revocation
Example
A midwife convicted of theft (moral turpitude) may be denied renewal; one found to have performed a hysterectomy (beyond scope) faces revocation.
Conditions under which the Board may deny, suspend, or cancel a midwife's COR: moral turpitude, malpractice/gross negligence, immoral/dishonourable conduct, fraud, practising beyond scope, mental incompetence.
Diagrams to know
- Liability framework: Administrative (Board) + Criminal (Court) + Civil (Damages) = THREE parallel systems
RA 7392 vs RA 9173: Midwifery vs Nursing
Common values
Value
RA 7392 (1992)
Symbol
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Quantity
Midwifery Act
Value
RA 9173 (2002)
Symbol
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Quantity
Nursing Act
Important facts
- Midwifery law: RA 7392 (1992); Nursing law: RA 9173 (2002) — DIFFERENT acts, DIFFERENT years.
- Midwifery Board: Professional Regulatory Board of MIDWIFERY; Nursing Board: Professional Regulatory Board of NURSING.
- Midwife title: Registered Midwife (RM); Nurse title: Registered Nurse (RN).
- Midwifery entry: traditionally 2-year diploma/associate midwifery course; upgraded over time to higher credential.
- Nursing entry: 4-year Bachelor of Science in Nursing (BSN).
- Midwife's signature act: conducting NORMAL spontaneous deliveries; community MCH.
- Nurse's signature act: comprehensive nursing assessment and care; delegated medical functions.
- Midwife scope: NORMAL maternal and child health — narrow, specialised, independent.
- Nurse scope: broad general care across all ages, conditions, settings, and under medical/nursing direction.
- Both professions: PRC-regulated, licensure by exam, CPD required, Code of Ethics, recognise-and-refer principle.
- Both professions: administrative and penal liability for scope violations, moral turpitude, malpractice.
- CRITICAL DISTINCTION: Midwife is NOT a nurse; they are separate, non-interchangeable professions.
Key definitions
RA 7392 (Midwifery)
Example
A midwife conducts normal deliveries in the community; complicated cases are referred to hospital/physician.
Philippine Midwifery Act of 1992; governs practice of registered midwives; focus: normal maternal, newborn, family-planning, and community care.
RA 9173 (Nursing)
Example
A nurse assesses, plans, and implements nursing care in hospital, home, school, and community; may perform delegated medical tasks.
Philippine Nursing Act of 2002; governs practice of registered nurses; focus: broad general nursing care across all ages, conditions, and care settings.
Diagrams to know
- Midwifery vs Nursing comparison matrix
Must remember
RA 7392 = Philippine Midwifery Act of 1992; repealed RA 2644 (1960 law); it is THE governing statute for registered midwives.
Board of Midwifery: Chairman + 2 members (3 total), appointed by the President; all must be registered midwives of good standing.
Core Board powers: prepare/conduct/rate MLE, issue/suspend/revoke COR + PIC, investigate violations, prescribe Code of Ethics, monitor education.
Licensure admission: Filipino citizen (or reciprocity), good moral character, graduate of CHED-recognised midwifery programme, no moral turpitude conviction.
To register: pass MLE → take oath → receive COR + PIC → use title 'Registered Midwife (RM)' legally.
PIC renewed EVERY 3 YEARS; renewal requires CPD units under RA 10912 (CPD Act of 2016) — CPD is NOT in RA 7392 itself (exam trap).
Scope: NORMAL maternal, newborn, family-planning, community care; high-risk/complicated → REFER immediately; practising beyond scope = grounds for revocation + penal liability.
Illegal practice: no valid COR/PIC → fine and/or imprisonment; describe penalty generally if exact figures uncertain.
Grounds for licence denial/suspension/revocation: moral turpitude, malpractice/gross negligence, immoral conduct, fraud, beyond scope, mental incompetence.
RA 7392 (1992, Midwife, RM) ≠ RA 9173 (2002, Nurse, RN); different laws, boards, titles, scope; midwife ≠ nurse; both use PRC, CPD, Code of Ethics, recognise-and-refer.
Last minute tips
LEGISLATION ACCURACY: Examiners obsess over correct Republic Act numbers. Midwifery = RA 7392 (1992); Nursing = RA 9173 (2002); CPD = RA 10912 (2016). Write these down immediately when exam starts.
BOARD COMPOSITION: It is '1 Chairman + 2 members' (total = 3), NOT 5 or 7. The President appoints them. Memorise this exact figure.
CPD vs RA 7392: A common trap — CPD renewal is mandated by RA 10912 (separate statute), NOT RA 7392 itself. If asked 'What law requires CPD for midwives?', answer: RA 10912. If asked 'What is the main midwifery statute?', answer: RA 7392.
SCOPE RED FLAG: Any question asking 'Can a midwife manage X?' If X is high-risk/complicated (e.g., severe pre-eclampsia, retained placenta requiring manual removal, fetal distress), the answer is NO — refer. Scope = normal only; complications = refer.
PENALTIES: If a question asks the exact fine amount or prison term, and you are unsure, do NOT guess. State instead: 'RA 7392 imposes a fine and/or imprisonment for illegal practice' — this is correct and avoids a false specific claim.
Comparison tables
RA 7392 (Midwifery) vs RA 9173 (Nursing) — Critical Distinctions for the MLE
| Feature | RA 7392 (Midwifery) | RA 9173 (Nursing) |
|---|---|---|
| Governing Law | RA 7392 (1992) | RA 9173 (2002) |
| Regulatory Board | Professional Regulatory Board of Midwifery | Professional Regulatory Board of Nursing |
| Professional Title | Registered Midwife (RM) | Registered Nurse (RN) |
| Educational Entry | 2-year midwifery diploma/associate course (traditionally); upgraded over time | 4-year Bachelor of Science in Nursing (BSN) |
| Scope Focus | NORMAL maternal, newborn, family-planning, community health | Broad general care across all ages, conditions, settings |
| Signature Independent Act | Conducting normal spontaneous deliveries | Comprehensive nursing assessment and care |
| Practice Environment | Community (RHU, BHS, lying-in, home) | Hospital, clinic, home, school, community |
| Licensure by Exam | Yes (MLE) | Yes (NLE) |
| CPD Requirement | Yes (RA 10912) | Yes (RA 10912) |
| Code of Ethics | Yes (Board-prescribed) | Yes (Board-prescribed) |
| Recognise-and-Refer Duty | Yes (core to scope) | Yes (within nursing context) |
| Grounds for Licence Revocation | Moral turpitude, malpractice, dishonourable conduct, fraud, beyond scope, incompetence | Moral turpitude, malpractice, dishonourable conduct, fraud, beyond scope, incompetence |
Admission Requirements for Licensure Examination
| Requirement | RA 7392 (Midwife) | RA 9173 (Nurse) |
|---|---|---|
| Citizenship | Filipino (or reciprocity country) | Filipino (or reciprocity country) |
| Good Moral Character | Required | Required |
| Educational Credential | Graduate of midwifery from CHED-recognised school/college/university | Graduate of nursing from CHED-recognised school/college/university |
| Criminal Bar | No conviction for moral turpitude | No conviction for moral turpitude |
Scope and Practice Comparison
| Category | Midwife (RA 7392) | Nurse (RA 9173) |
|---|---|---|
| Normal vs Complicated | NORMAL only; complicated → refer | Broad nursing care in various settings; collaboration/delegation |
| Obstetric Care | Normal pregnancy, labour, delivery, postnatal; family planning | Nursing support in all pregnancy conditions (normal and high-risk) |
| Newborn Care | Normal newborn; complications → refer | Nursing care for well and ill newborns |
| Community Health | Primary community MCH advocacy | Community health nursing support |
| Diagnostic/Treatment | Limited; refer complications | Nursing assessment; delegated medical tasks |
Diagrams
RA 7392 Concept Map: Law, Board, Licensure, Scope, Ethics, Penalties
Complete mind map showing RA 7392 structure: legislative context, Board composition and powers, licensure and renewal pathways, scope boundaries, ethical framework, and penal/administrative consequences. This map displays the interconnection of all major topics and is ideal for rapid concept review.
Midwife Licensure and Practice Flowchart
Complete flowchart of the midwife lifecycle from eligibility through licensure, renewal, practice, and consequences. Shows decision points, renewal cycle (3 years with CPD), scope boundaries, and three liability pathways (administrative, criminal, civil) that activate if a midwife practises illegally or breaches the Code.
Midwife Licence Status State Transitions
State diagram showing all possible licence status transitions: from ineligibility through candidate, registered/current states, renewal cycles (every 3 years), expiry, administrative suspension/revocation, and concurrent criminal prosecution. Illustrates the multiple pathways to licence loss.
Scope Decision Tree: Normal vs Refer
Decision tree for scope: normal cases stay with midwife; any complication triggers immediate referral. Shows the midwife's dual duty: competent management of normal cases AND swift recognition-and-referral of complications. This is the operational essence of RA 7392 scope.