Republic of the Philippines
HOUSE OF REPRESHNTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSE BILLNo.  9607
RECEIVED
DATE  NOV    2
Introduced by Rep. Ferdinand Alexander A. Marcos
1 st District, Ilocos 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.
FERDINAND ALEXANDER A. MARCOS


Republic of the Philippines
HOUSE OF REPRESHNTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSE BILL NO. 9607
Introduced by Rep. Ferdinand Alexander A. Marcos
|st District, Ilocos Norte
AN  ACT  GRANTING  RISK WELFARE  BENEFITS  TO  PLITRSE
EDUCATORS IN THH 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.  Dec/czrcr/j.o72  o/Po/z.c};.  -The  State  affirms  the  vital
importance of achieving universal health coverage for o-ur 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 sald educators.
SEC. 2. De¢#j.fz.o# o/rer"s'. -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
@RC)  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 mininum 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 bloodbome pathogens;
2. biological hazard (needle-stick and shalp 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
prolonged standing / walking.
(c)  Risk welfare refers to  a financial benefit  for nurse  educators
performing   preceptorship   in   intensive   nursing   practice   or   Related
Leaming Experience [RLEs]. It is a payment to cover actual or potential
threats   or dangers associated with canying 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.   Grcz#f  o/ jzisfr   We//cz7'e  Be#e¢ts.  -  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 st semester
96 hours or more               25% ofmonthly
basic salary
48 hours - 95 hours
Less than 48 hours
140/oof monthly
basic salary
8% of monthly
basic salary
2nd semester
14% of monthly
basic salary
8°/oof monthly
basic salary
50/oofmonthly
basic salary
Provz.dec7, That the risk welfare benefit shall be released monthly in
addition   to   the   existing   benefits   that   the   nurse   educators   receive:
Prov!.c7ed, /wrffeer,  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:
(a)  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.  Compe#scz/z.o# /or  J72/.#rz.es.  -  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. IVo73-Dz.mz.#wfz.o# o/Be73e¢ts. -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.
S;F£.   6.   Establishment   Of   a   Grievance   Mechanism.   -   The
Department of Health (DOH) shall issue guidelines on the creation of an
czd feoc 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 czcJ feoc grievance boards in the
DOH regional offices.
SEC.  7. £4ppraprz.czfz.o#s. - 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. Pe77cz/ Provisz.o#.  - 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 flne 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. -Wi:thin s;+xty (60)
days after the effectivity of this Act, the DOH shall, in consultation with
the DOLE,  promulgate the implementing  rules  and regulations to  calTy
out the provisions of this Act: Prov!.ded, That the non-promulgation of the
rules and regulations shall not prevent the immediate implementation of
this Act upon effectivity.
SEC.10. Sepczr¢bz./z.fy C/czwse. -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.    11.   Repecz/I.7cg   C/czwse.   -Alllaws,   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. Ejj7reczz.vz.fy.  -This Act  shall take effect  fifteen (15)  days
after its complete publication in the Offlcial Gazette or in any newspaper
of general circulation.
Approved,