ORIGINAL CORY

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

A415
House Bill No._“

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

‘At present, there is a notable decline in the demand for nurses both domestically
and abroad. More and more registered nurses, those who have just graduated and hurdled
the licensure examination in particular, find themselves unemployed in a highly saturated
labor market. Others with a little luck end up working in call centers or get employed as
caregivers and nursing aides.

‘The lack of appropriate employment opportunities for nurses in the country makes
eptible to exploitation. One such unscrupulous practice of many hospitals,
recently earned the public’s indignation, is their policy of demanding payment
rom nurses who seek to gain the necessary work experience required for work
abroad. Instead of receiving compensation for their services rendered, they are even
obligated to pay these hospitals for what are termed as skills training or volunteer work. It
is like frying these nurses in their own fat.

To address this irony, this bill seeks to prohibit hospitals, both private and public,
from demanding payment from nurses in exchange for actual working opportunities in
their establishments and provides penalties for the commission of the offense. On the
other hand, the bill also lays down the types of training programs for nurses duly
approved by concerned government agencies in which hospitals may legitimately collect
charges from those who avail of them. The bill also allows a refund of the full amount
paid to the hospital plus interest. 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. Finally, as for a private hospital nurses, he or she
shall be never be considered as an apprentice or learner and earn wages lower than the
prescribed minimum wages.

‘This measure was passed by the 15" Congress on third and final reading and was
transmitted to the Senate for concurrence. However, due to lack of material time, the bill
was never acted upon by the Upper Chamber.

For the foregoing reasons, the immediate passage of the bill is earngstly urged.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

445

House Bill

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT
PROTECTING THE WELFARE OF REGISTERED NURSES BY
PROHIBITING PUBLIC AND PRIVATE HOSPITALS FROM
CHARGING OR REQUIRING THE PAYMENT OF MONEY FOR
VOLUNTEER OR TRAINING WORK, PROVIDING PENALTIES
FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES

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 mean:

a) Nurse Training Programs - refer to training programs duly approved and

accredited by the Department of Health (DOH) in partnership with the
Professional Regulation Commission (PRC) Board of Nursing which provide for
a definite career progression for registered nurses and aimed at advanced or

specialty training;

b) Nurse Trainee - refers to a registered nurse undergoing training programs duly

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approved and accredited by the DOH and the PRC. They may be charged with
corresponding fees to be determined jointly by the DOH and the PRC Board of
Nursing;

Nurse Volunteers - refer to registered nurses rendering free services in hospitals,
without employee-employer relationship, and performing hospital duties with

minimal supervision from regular staff nurses.


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d) Apprentice and/or Learner — refer to an apprentice and/or learner, as defined

under Section 58 (b) and 73, respectively, of Presidential Decree No. 442 or the

Labor Code of the Philippines, as Amended.

SECTION 2. Prohibition Against Charging of Registered Nurses for Training.
— Any provision of law to the contrary notwithstanding, a public or public hospital is
hereby prohibited from requiring the payment of money or any other form of
remuneration or charges, from registered nurses serving as volunteers for the purpose of
gaining work experience in the hospitals and for employment purposes. Only those
programs accredited by the DOH and the PRC Board of Nursing shall be implemented
and allowed to charge corresponding fees.

SECTION 3. Penalties. - Any person found violating the provisions of 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 (P 100,000.00) but
not more than five hundred thousand pesos (P 500,000.00).

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

SECTION 4. Refund and Entitlement to Salary. - Any registered nurse who
shall be required by any hospital to pay in violation of this Act 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. As for private hospitals, no registered nurse shall be considered as an
apprentice or learner and earn wages lower than the prescribed minimum wages.

SECTION 5. Implementing Rules and Regulations. - Within sixty (60) days
from the effectivity of this Act, the DOH, in coordination with the PRC and the Private
Hospitals Association of the Philippines (PHAP), shall issue the rules and regulations

necessary for the effective implementation of this Act.


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SECTION 6. Separability Clause -\f any portion or provision of this Act is
declared unconstitutional or invalid, the other provisions hereof not affected thereby shall
remain valid and effective

SECTION 7. Repealing Clause - All laws, presidential decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act,
are hereby repealed or modified accordingly.

SECTION 8. Effectivity Clause - The Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved.