SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES ) fis  peceveD ®

Aft JUL 2013

First Regular Session )

House Bill No. 409

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE,

With the decline of demands for nurses in the United States and the United Kingdom, more
and more nursing graduates end up unemployed while many of them shifted to work in call centers,
retail stores and other non-professional positions. The lack of employment opportunities for nurses
in the country makes them vulnerable to becoming victims of the unscrupulous practices of some
hospitals which demand payment in exchange for the necessary work experience required working
abroad. This is plain and simple exploitation of nurses who have already toiled hard and spent
money so that they can become professionals. There is, therefore, a need to prohibit public and
private hospitals from requiring payment of money from registered nurses who want to gain work
experience,

‘The measure seeks to prevent the exploitation of registered nurses who ate serving as nurse
volunteers in any public or private hospital. It mandates the Department of Health (DOH) and the
Professional Regulation Commission (PRC) Board of Nursing to assess all the training programs for
registered nurses that are being implemented in hospitals. Only those programs accredited by the
DOH and the PRC Board of Nursing shall be implemented and allowed to charge corresponding
fees.

‘The bill further provides that any nurse volunteer who was required to pay the hospital shall
be entitled to a refund of the full amount paid to the hospital plus interests of six percent per annum
until said amount is fully paid. In addition, a salary equivalent to Salary Grade 11 shall be paid by the
hospital for services rendered.

SUSAN.
Representative, 2“ District of Tarlac


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SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

ee)

House Bill No.

Introduced by Representative Susan A. Yap

AN ACT
PROHIBITING PUBLIC AND PRIVATE HOSPITALS FROM REQUIRING
‘THE PAYMENT OF MONEY UPON REGISTERED NURSES WHO WANT
TO GAIN WORK EXPERIENCE AND PENALIZING ANY VIOLATION
THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Definition of Terms. - For purposes of this Act, the following terms shall be
defined as follows:

(a) Nurse training programs refer to training programs that are approved and accredited by
the Department of Health (DOH) in partnership with the Professional Regulation Commission (PRC)
Board of Nursing which follow a definite career progression for registered nurses and are aimed at
providing advanced or specialty training.

(b) Nurse trainee refers to a registered nurse undergoing training programs that ate approved
and accredited by the DOH in partnership with the PRC Board of Nursing, ‘Those that are undergoing
such training are allowed to be charged corresponding fees to be determined jointly by the DOH and
the PRC Board of Nursing.

(©) Nurse volunteers refer to registered nurses rendering "free" or unpaid services in
hospitals, without employer-employee relationship, and performing hospital duties with minimal
supervision from regular staff nurses. Nurse volunteers may or may not receive trainings,
depending on the institution where they render service.

SECTION 2. Assessment and Accreditation. -The DOH and the PRC Board of Nursing,
shall assess all the training programs for registered nurses that are being implemented in hospitals.
However, if necessary, an Assessment and Accreditation Unit shall be created in the DOH. Only
those programs accredited by the DOH and the PRC Board of Nursing shall be implemented and
allowed to charge corresponding fees.

SECTION 3. Hospital's Capability. - The DOH shall assess the capability of all hospitals to
provide training programs for registered urses. ‘The minimum criteria for the assessment shall
be based on the bed capacity, appropriate facilities and availability of qualified trainers.

SECTION 4. Probibited Act. - Any public or private hospital is hereby prohibited from
requiring the payment of money upon registered nurses who are serving as nurse volunteers in
order to gain work experience in the hospitals and for employment purposes.

SECTION 5. Penaity. - Any person who is found guilty of violating this Act shall suffer the
penalty of imprisonment of not less than six (6) months but not more than one (1) year and a fine of
not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred
thousand pesos(P500,000.00).

If the offender is an association, corporation or any other juridical person, the penalty shall
be imposed upon the owner, president, hospital director, treasurer and any other person responsible for
the violation.

If the offender is a foreigner, he shall be summarily deported after payment of fine and

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service of sentence, and be barred permanently from entering the country.

SECTION 6. Refind and Entitlement to Salary. - Any registered nurse who shall be required by
the hospital to pay, in violation of Section 4 hereof, shall be refunded the full amount paid to the
hospital plus interest of six percent (6%) per annum until the amount is fully paid. In addition, a salary
equivalent to Salary Grade 11, pursuant to Executive Order No. 811, series of 1989, shall be paid by the
hospital to the registered nurse for services rendered.

SECTION 7. Implementing Rules and Regulations. - The DOH, in coordination with the
PRC and the Private Hospitals Association of the Philippines, shall issue the implementing rules
and regulations within sixty (60) days after the effectivity of this Act.

SECTION 8. Repealing Clause, - All laws, decrees, orders, rules and regulations and other
issuances or parts thereof inconsistent with this Act are hereby repealed, amended or modified accordingly.

SECTION 9. Efectinty. - This Act shall take effect fifteen (15) days after its publication in any
newspaper of general circulation.

Approved,