Midwife Licensure Exam Midwifery Law, Scope & Community Role (RA 7392) — RA 7392 & Midwifery JurisprudenceRevision Notes

Exam Tips

• Memorise the pair: RA 7392 (1992) REPEALED RA 2644 (1960). Year clues: 7392 ends in '92 = enacted 1992.
• If a question asks about the 'current' or 'governing' midwifery law, always answer RA 7392.
• PRC = umbrella agency; Board of Midwifery = the specific body under PRC that handles midwifery affairs.

Key Points

• RA 7392 is the Philippine Midwifery Act of 1992 — the current governing law for midwifery practice in the Philippines.
• It REPEALED and replaced RA 2644, the Philippine Midwifery Act of 1960 — the older, outdated law.
• The Act is administered under the Professional Regulation Commission (PRC), making midwifery a nationally regulated profession.
• A PRC-issued midwifery licence is valid NATIONWIDE — not limited to any region or city.
• The declared purpose (policy) of RA 7392 is PUBLIC PROTECTION — ensuring maternal and child care is delivered only by persons with proper training and demonstrated competence.
• Every ambiguous provision of RA 7392 is interpreted through the lens of public safety and welfare.
• The 1992 law modernised midwifery regulation: tighter education requirements, updated scope, stronger penalties, and a reformed regulatory board.

Definitions

Section Title

Legislative Foundation: RA 7392 and Its History

Common Mistakes

• Confusing RA 7392 with RA 2644 — remember: 7392 is the CURRENT law (1992); 2644 is the OLD law (1960) that was repealed.
• Thinking the midwifery licence is only valid in the region where it was issued — it is valid NATIONWIDE.
• Attributing RA 7392 to the wrong purpose — its core purpose is PUBLIC PROTECTION, not professional recognition alone.

Exam Tips

• Remember '1+2 = 3': ONE Chairman plus TWO Members. This is a favourite MLE item.
• All board members must be Registered Midwives — a non-midwife cannot sit on the Board of Midwifery.
• The ban on school/review centre connections is about INDEPENDENCE and preventing conflicts of interest — understand the reason, not just the rule.

Key Points

• RA 7392 creates the Professional Regulatory Board of Midwifery (PRB of Midwifery) under the PRC.
• Composition: ONE (1) Chairman + TWO (2) Members = TOTAL of 3 board members.
• All Board members are APPOINTED BY THE PRESIDENT OF THE PHILIPPINES from a list of nominees.
• Board members must themselves be REGISTERED MIDWIVES of good standing.
• Members serve FIXED TERMS and take an oath before assuming office.
• To prevent conflicts of interest, sitting Board members are GENERALLY BARRED from being connected with a midwifery school or review centre.
• Board decisions in administrative cases are APPEALABLE — first to the PRC, then ultimately to the courts (due-process safeguard).
• The Board has both QUASI-LEGISLATIVE powers (making rules/codes) and QUASI-JUDICIAL powers (hearing cases).

Definitions

Section Title

The Professional Regulatory Board of Midwifery

Common Mistakes

• Saying the Board has 5 members — it has exactly 3 (1 Chairman + 2 Members). Do not confuse with other boards.
• Thinking Board members are elected by midwives — they are APPOINTED BY THE PRESIDENT.
• Forgetting that Board decisions can be appealed — first to the full PRC Commission, not directly to courts.

Exam Tips

• Exam questions often ask: 'Who prepares the MLE?' Answer: the Professional Regulatory Board of Midwifery (under PRC).
• The Board can SUSPEND OR REVOKE a licence — both are Board powers. Refusal to issue is also a Board power.
• Remember the partnership: Board + CHED = midwifery education standards. Board alone = licensure and discipline.

Key Points

• ADMINISTER, PRESCRIBE, and ENFORCE RA 7392 and its Implementing Rules and Regulations (IRR).
• PREPARE, CONDUCT, and RATE the Midwife Licensure Examination (MLE).
• ISSUE, SUSPEND, or REVOKE Certificates of Registration (COR) and Professional Identification Cards (PIC).
• INVESTIGATE violations of RA 7392, the Code of Ethics, and Board regulations.
• HEAR and DECIDE administrative cases against registered midwives.
• PRESCRIBE and ADOPT a Code of Ethics and Code of Technical/Professional Standards for midwives.
• MONITOR midwifery education and, together with CHED, help set educational standards.
• The Board does NOT independently manage higher education — it COLLABORATES with the Commission on Higher Education (CHED) for curriculum and school standards.

Definitions

Section Title

Powers and Functions of the Board of Midwifery

Common Mistakes

• Thinking the Board alone controls midwifery schools — educational oversight is SHARED with CHED.
• Confusing the Board's power to 'rate' the exam with granting passing marks — the Board sets the passing standard AND rates (scores) the examination.
• Assuming that only the Board can prosecute violations — criminal cases go to regular courts; the Board handles ADMINISTRATIVE cases.

Exam Tips

• The four requirements for MLE admission can be remembered as: CITIZENSHIP + GOOD MORAL + MIDWIFERY GRADUATE + NO MORAL TURPITUDE CONVICTION.
• Order matters: Pass exam → Take oath → Receive COR + PIC → Legally use title 'RM'. Questions may test this sequence.
• 'Good moral character' is assessed at application; 'moral turpitude' conviction is a disqualifier even if it occurred before applying.

Key Points

• To sit the MLE, a candidate must be a CITIZEN OF THE PHILIPPINES (or a citizen of a country that extends RECIPROCITY to Filipinos).
• The candidate must be of GOOD MORAL CHARACTER.
• The candidate must be a GRADUATE of a midwifery programme from a CHED-recognised school.
• The candidate must NOT have been CONVICTED of an offence involving MORAL TURPITUDE.
• On PASSING, the candidate takes the PROFESSIONAL OATH before the Board or its authorised representative.
• Upon oath-taking, the successful examinee receives: (1) the Certificate of Registration (COR) and (2) the Professional Identification Card (PIC).
• Only after receiving the COR and PIC may a person legally use the title REGISTERED MIDWIFE (RM).
• The Board sets the PASSING GENERAL AVERAGE, and no single subject score may fall below the minimum prescribed.

Definitions

Section Title

Admission Requirements and Licensure Examination

Common Mistakes

• Forgetting that foreign nationals may sit the MLE only if their country extends RECIPROCITY to Filipinos — no reciprocity means no exam eligibility.
• Thinking oath-taking is optional or just ceremonial — without the oath, no COR and no PIC are issued.
• Confusing 'passing the exam' with 'being licensed' — you are only officially licensed after taking the oath AND receiving the COR.

Exam Tips

• KEY PAIR to memorise: PIC renewal = every 3 years; CPD law = RA 10912 (2016). These two facts are high-yield MLE items.
• Distinguish: COR (Certificate of Registration) = what you earn by passing + oath-taking = does not expire. PIC (ID card) = must be renewed every 3 years.
• If a question asks 'what law mandates CPD for midwives?' — answer RA 10912, NOT RA 7392.

Key Points

• The Professional Identification Card (PIC) must be RENEWED EVERY THREE (3) YEARS — this is a PRC-wide rule.
• Licence renewal is now LINKED TO CPD — a midwife must earn the required CPD units/credits as a CONDITION for renewal.
• CPD is mandated by REPUBLIC ACT NO. 10912, the Continuing Professional Development Act of 2016 — this is a SEPARATE law from RA 7392.
• CPD activities include accredited seminars, training, workshops, and other approved programmes.
• The purpose of CPD is LIFELONG COMPETENCE — midwifery practice evolves (EINC, BEmONC, DOH programmes), so practitioners must keep pace.
• A midwife whose PIC has lapsed is practising UNLAWFULLY, even if clinically competent — keeping the PIC current is a legal obligation.
• The COR itself does not expire; the PIC (the renewed ID card) is what must be kept current.

Definitions

Section Title

Licence Renewal, PIC, and Continuing Professional Development (CPD)

Common Mistakes

• Saying CPD is part of RA 7392 — CPD is mandated by RA 10912 (2016), not RA 7392 (1992). Two separate laws!
• Thinking the COR expires — only the PIC (identification card) requires periodic renewal every 3 years.
• Underestimating the legal consequence of a lapsed PIC — it is unlawful practice regardless of clinical skill.

Exam Tips

• Remember the three types of liability: ADMINISTRATIVE (Board/PRC), CRIMINAL (courts), CIVIL (damages). All three can run together.
• The 'detect and refer' principle is the ethical and legal heart of midwifery scope — know it well.
• Confidentiality, informed consent, and accurate records are the three most commonly tested ethical duties in MLE jurisprudence.

Key Points

• The Board prescribes and adopts the Code of Ethics for midwives — violations are grounds for administrative sanction.
• Core duty: Practise ONLY WITHIN THE LEGAL SCOPE of midwifery and REFER PROMPTLY when a case exceeds it.
• Maintain CONFIDENTIALITY of all client information (mother, newborn, family).
• Obtain INFORMED CONSENT before any procedure.
• Keep ACCURATE AND COMPLETE RECORDS of every case attended.
• Avoid any act that ENDANGERS the mother or newborn.
• Refrain from FEE-SPLITTING, FALSE ADVERTISING, and other dishonourable commercial practices.
• Uphold the DIGNITY of the profession at all times.
• Administrative liability (before the Board/PRC) is SEPARATE from criminal liability (courts) and civil liability (damages) — all three can run simultaneously.
• The 'detect and refer' principle is both an ethical duty and a scope-of-practice legal boundary.

Definitions

Section Title

Code of Ethics and Professional Conduct

Common Mistakes

• Thinking that 'administrative case' and 'criminal case' are the same — they are pursued separately in different venues.
• Assuming that acquittal in a criminal case means the Board cannot still discipline the midwife — administrative and criminal proceedings are INDEPENDENT.
• Forgetting that record-keeping is an ethical (and legal) obligation — poor records can be used as evidence of negligence.

Exam Tips

• Memorise the SIX grounds for revocation as a list: MORAL TURPITUDE → IMMORAL CONDUCT → GROSS NEGLIGENCE/MALPRACTICE → FRAUD → BEYOND SCOPE → MENTAL INCOMPETENCE.
• A question may ask: 'Which of the following is NOT a ground for revocation?' — know all six grounds so you can identify the distractor.
• The penalty for illegal practice is 'fine AND/OR imprisonment' — both penalties may apply, or just one, depending on the court's decision.

Key Points

• It is UNLAWFUL to practise midwifery OR to represent oneself as a Registered Midwife WITHOUT a valid licence.
• Persons found guilty of illegal practice face FINE AND/OR IMPRISONMENT as set out in RA 7392.
• Specific peso amounts and prison terms are in the statute — if unsure of the exact figure, state 'fine and/or imprisonment' rather than guess a wrong number.
• The Board may REFUSE TO ISSUE, SUSPEND, or REVOKE a Certificate of Registration on specific grounds.
• GROUNDS FOR LICENCE SUSPENSION/REVOCATION: (1) Conviction of a crime involving MORAL TURPITUDE; (2) IMMORAL, UNPROFESSIONAL, or DISHONOURABLE CONDUCT; (3) GROSS NEGLIGENCE or MALPRACTICE; (4) FRAUD in obtaining the licence or in the examination; (5) Practising BEYOND THE LEGAL SCOPE of midwifery; (6) Being found MENTALLY INCOMPETENT to practise.
• Administrative liability is SEPARATE FROM criminal and civil liability — the Board punishes professionally while courts punish criminally.
• A midwife can face ALL THREE types of liability (administrative + criminal + civil) for the same act.

Definitions

Section Title

Penal and Administrative Provisions

Common Mistakes

• Inventing specific peso fine amounts or prison terms when not certain — it is better to say 'fine and/or imprisonment under RA 7392.'
• Thinking only unlicensed practice is punishable — a LICENSED midwife who practises BEYOND SCOPE can also be sanctioned.
• Forgetting that 'representing oneself as an RM' without a licence is ALSO illegal, even without actually delivering a baby.

Exam Tips

• MEMORY TRICK: 7392 → ends in '92 → enacted 1992 → MIDWIFERY. 9173 → enacted 2002 → NURSING. The larger RA number (9173) came LATER (2002).
• A very common MLE question: 'Which RA governs midwifery?' — RA 7392. 'Which RA governs nursing?' — RA 9173. Know both cold.
• The comparison table (Midwifery vs. Nursing) is a top-5 MLE jurisprudence topic — review it before every mock exam.

Key Points

• RA 7392 (Philippine Midwifery Act of 1992) governs MIDWIFERY; RA 9173 (Philippine Nursing Act of 2002) governs NURSING.
• Midwifery Board = Professional Regulatory Board of MIDWIFERY; Nursing Board = Professional Regulatory Board of NURSING — both under PRC.
• Midwifery title: REGISTERED MIDWIFE (RM); Nursing title: REGISTERED NURSE (RN).
• Traditional midwifery education: 2-year diploma/associate course; Nursing education: 4-year BSN (Bachelor of Science in Nursing).
• Midwifery scope: MATERNAL AND CHILD HEALTH — normal pregnancy, delivery, prenatal/postnatal care, family planning, newborn care, community MCH.
• Nursing scope: BROAD GENERAL NURSING CARE across all ages, conditions, and settings.
• Midwife's signature independent act: CONDUCTING NORMAL SPONTANEOUS DELIVERIES and community MCH.
• SIMILARITIES: Both require PRC licensure by exam; both require CPD and periodic renewal; both have a Code of Ethics; both follow the RECOGNISE-AND-REFER principle; both are nationally regulated.
• A midwife is NOT a nurse and a nurse is NOT a midwife — even if duties overlap in a maternity setting.
• CRITICAL DISTINCTION: Midwifery = NORMAL maternal-child care; Nursing = broad/general care.

Definitions

Section Title

RA 7392 vs. RA 9173: Midwifery vs. Nursing — Key Comparisons

Common Mistakes

• Mixing up the year of the two laws — RA 7392 = MIDWIFERY = 1992; RA 9173 = NURSING = 2002. Midwifery law is OLDER.
• Thinking that because nursing scope is broader, an RN can automatically practise as a midwife — they cannot without additional midwifery licensure.
• Forgetting that BOTH professions share the recognise-and-refer principle, PRC regulation, CPD, and a Code of Ethics.