Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2925.

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1*District, locos Norte

EXPLANATORY NOTE

In our pursuit of achieving universal health care coverage and ensuring national
health security, the government seeks to address the long running shortage of nurses
in our country. Corollary to this problem is the short supply of nurse educators—the
ones who "facilitate the transference of competencies to new nursing generations and
contribute to maintaining and enhancing the quality of health services" (WHO, 2016).

The twin problem of the scarcity of nurses and nurse educators is not a simple
matter of short supply. In terms of absolute figures, we have a good number of nurses
and educators. The real problem lies on the fact that only about half of them are active
or practicing their profession. Hence, part of the solution lies in coming up with
attractive recruitment and retention benefit packages.

In the case of nurse educators, the issue of benefits becomes somewhat
complicated. Under the law, they are not considered public health care workers and
therefore are not covered by institutionalized risk benefits provided for by the Magna
Carta for Public Health Care Workers. This is obviously an anomalous situation
where nurse educators who are responsible for producing our country's corps of
nurses are deemed less deserving of benefits than the nurses who are mere products of
their efforts. Shouldn't trainers be given at least equal recognition as the trainees?

The inequitable situation becomes more apparent when we realize that the
activities of nurse educators are not always confined to the classroom. When working
in a hospital or community environment, they are exposed to almost the same hazards
as nurses in the field (who are deemed entitled to risk benefits since they are officially
considered public health care workers). Clinical education setting (as opposed to
classroom environment) exposes nurse educators to a wide variety of physical,
chemical, biological and psychosocial hazards. In other words, nurse educators as
preceptors perform the same functions as nurses in hospitals and communities. Their
regular duties usually last for 6-8 hours a day and they are evidently at risk of
exposure to danger, perils of life, and physical hardships in the hospital and
community settings.

This bill therefore institutionalizes reforms in our healthcare and in our
educational system by granting risk welfare benefits to our nurse educators.


For the foregoing reasons, the early approval of this bill is earnestly sought.

wv wre WAL
FERDINAND ALEXANDER A. MARCOS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No._ 2925

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1"District, locos Norte

AN ACT
GRANTING RISK WELFARE BENEFITS TO NURSE EDUCATORS IN THE
PUBLIC AND PRIVATE SECTORS, AND APPROPRIATING FUNDS
THEREFOR

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

SECTION 1. Declaration of Policy. ~ The State affirms the vital importance
of achieving universal health coverage for our people and in this regard seeks to
address the shortage of nurses and nurse educators. In pursuit of national health
security, the State recognizes the lack of commensurate and mandatory benefits for
nurse educators. Towards this end, it shall institutionalize the grant of risk welfare
benefits as part of the recruitment and retention packages for the said educators.

SEC. 2. Definition of Terms. — As used in this Act,

(a) Nurse educator refers to a registered nurse who assesses, plans,
implements and evaluates nursing education and professional development programs.
A nurse educator [1] must be a registered nurse in the Philippines with a current/valid
Professional Regulations Commission (PRC) Identification (I.D.) Card; [2] has
attained a Master’s degree in Nursing from a duly recognized college or university by
the Commission on Higher Education; [3] has a minimum of at least three (3) years of
clinical experience, and [4] a member of accredited professional nursing organization
of good standing and of a specialty nursing organization.

(b) Risk refers to actual and potential risks common in hospitals, laboratories
and communities which include but are not limited to the following:

1) infectious / contagious diseases and bloodborne pathogens;
2) biological hazard (needle-stick and sharp injury);

3) exposure to radiation and chemical materials;

4) exposure to smoke and navigating animals in communities;

5) vertical and horizontal violence; and

6) job-related pain from slips, trips, falls, awkward positions, and
7) prolonged standing / walking.


(c) Risk welfare refers to a financial benefit for nurse educators performing
preceptorship in intensive nursing practice or Related Learning Experience [RLEs]. It
is a payment to cover actual or potential threats or dangers associated with carrying
out RLE activities. Proposed rates for the benefit may depend on the area and number
of delays of actual exposure; however, hospital settings may be considered at greater
risk, warranting higher payment.

SEC. 3. Grant of Risk Welfare Benefits. — Schools or health facilities which
employ nurse educators shall grant them risk welfare benefits for every month of
service depending on the period of time of exposure on the basis of the following
rates:

Rates of Risk Welfare Benefits:

Level of Exposure | 1* semester 2" semester

96 hours or more 25% of monthly | 14% of monthly basic
basic salary salary

48 hours—95hours | 14% of monthly | 8% of monthly basic
basic salary salary

Less than 48 hours 7% of monthly basic | 5% of monthly basic
salary salary

Provided, That the risk welfare benefit shall be released monthly in addition to
the existing benefits that the nurse educators receive: Provided, further, That the
welfare benefit shall be released in full if a nurse educator physically renders services
for at least ninety-six (96) hours in a month; otherwise, the benefit shall be prorated.

In the event that the area of exposure of the nurse educator entails increased
risk, the school or health facility which employs the nurse educator may increase the
amount of the risk welfare benefit. There is increased risk when any of the following
conditions is present:

(@) the nurse educator works in a hospital setting or community environment;

(b) the establishment where the nurse educator works is located in difficult
areas, strife-tom or embattled areas, distressed or isolated stations, disease-infested
areas or in areas declared under state of calamity or emergency for the duration
thereof which expose them to great danger, contagion, radiation, volcanic
activity/eruption, occupational risks or perils to life as determined by the head of the
school or health facility;

(c) assignments in remote areas or isolated stations, which for reasons of far
distance or hard accessibility, such positions had not been filled for the last two (2)
years.

SEC. 4. Compensation for Injuries. ~ Nurse educators shall be protected
against the consequences of injuries suffered in the course of employment in
accordance with existing laws. Injuries incurred while doing overtime work shall be
presumed work-connected.


SEC. 5. Non-Diminution of Benefits. — Nothing in this Act shall be construed
to reduce any allowance and benefit under existing laws, decrees, issuances, executive
orders, and contracts or agreements between nurse educators and their employers.

SEC. 6. Establishment of a Grievance Mechanism. — The Department of
Health (DOH) shall issue guidelines on the creation of an ad hoc grievance board
which shall be composed of three (3) members that will receive, investigate,
adjudicate, and recommend actions to arrive at settlement of complaints related to the
failure of granting the benefits.

The grievance board shall be composed of the following:

(a) One (1) grievance officer appointed by the DOH;

(b) One (1) representative from the health professional organizations; and

(c) One (1) arbitration officer from the Department of Labor and Employment
(DOLE) exercising jurisdiction where the school, hospital or community
concerned is located.

The DOH shall also create regional ad hoc grievance boards in the DOH
regional offices.

SEC. 7. Appropriations. ~ The initial funding of this Act shall be charged
against the current year’s appropriations or from any available savings of the DOH.
Thereafter, such amount as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.

SEC. 8. Penal Provision. — Any person who shall in any manner commit any
act in violation of any of the provisions of this Act, upon conviction, shall be
punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more
than Forty thousand pesos (P40,000.00) or imprisonment of not more than one (1)
year or both at the discretion of the court.

If the offender is a public official, the court, in addition to the penalties
provided in the preceding paragraph, may impose the additional penalty of
disqualification from office.

SEC. 9. Implementing Rules and Regulations. — Within sixty (60) days after
the effectivity of this Act, the DOH shall, in consultation with the DOLE, promulgate
the implementing rules and regulations to carry out the provisions of this Act:
Provided, That the non-promulgation of the rules and regulations shall not prevent the
immediate implementation of this Act upon effectivity.

SEC. 10. Separability Clause. — If any part or parts of this Act shall be
declared unconstitutional or invalid, other sections or provisions hereof not affected
thereby shall continue to be in full force and effect.

SEC. 1. Repealing Clause. All laws, presidential decrees, executive orders,
resolutions, rules and regulations, other issuances, and parts thereof, which are


inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

SEC. 12. Effectivity. — his Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in any newspaper of general
circulation.

Approved,