.' 
SIXTEENTH CONGRESS OF THE 
) 
REPURLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.B. No. 2442 
'14 
OCT 30 A8 :32 
Introduced by Senator JOSEPH VICTOR G. EJERCITO 
AN ACT PROHIBITING THE EXPLOITATION OF VOLUNTEER 
REGISTERED NURSES IN PUBLIC AND PRIVATE HOSPITALS, 
CLINICS AND HEALTH FACILITIES AND PROVIDING PENALTIES 
FOR VIOLATION THEREOF 
EXPLANATORY NOTE 
Section 15 Article II of the 1987 Philippine Constitution provides 
that the State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
Likewise, Republic Act 9173 also known as the Philippine 
Nursing Act of 2002, particularly Section 2 of Article II states that, "it 
is declared the policy of the State to assume responsibility for the 
protection and improvement of the nursing profession by instituting 
measures that will result in relevant nursing education, humane 
working conditions, better career prospects and a dignified existence 
for our nurses". 
Our Constitution mandates as well the protection and 
promotion of the right and freedom of people to choose on which 
profession to practice. With this, numerous Filipinos personally 
choose to engage in nursing profession pursuant to their advocacy of 
promoting of health consciousness among individual and assisting 
sick people, among others, and because of the assurance of finding a 
decent and respectable job opportunities within and outside the 
country. 
However, in spite of these expressly provided state policies, 
nurse-trainees have been repeatedly reported to be victims of abusive 
hospitals, taking advantage of the "Volunteer Training Programs for 
Nurses". This program enables nurse-trainees to gain work experience 
and/ or to obtain certificate of work experience for purposes of meeting 
the mandatory requirements for employment abroad, and hospitals in 
--_._-----------------------------_._-----


,. 
turn collect training fees from nurse-trainees. Sad but true, some of 
Filipino nurses label themselves as "willing victims of hospitals!". 
Most, if not all, hospitals practice the nurse volunteerism 
program in the guise of training programs, calling "nurse-volunteers" 
as "nurse-trainees" in order to justify the collection of training fees. 
With this scheme, hospitals save expense by not paying salaries, and 
at the same time effectively increasing their revenue through their 
collections. 
To remedy the situation, Department of Health Secretary 
Enrique T. ONA issued Memorandum 2011-0238, which mandates the 
termination of all "Nurse Volunteer Programs", "Volunteer Training 
Programs for Nurses" and all similar or related programs, in all DOH-
retained hospitals in the Philippines. 2 
Nevertheless, this institution is believed to be responsible for the 
protection of nursing profession in the country by aiming to provide 
relevant nursing education, humane working conditions, better career 
prospects and a dignified existence for our nurses in pursuant with 
the policy provided by law and the Constitution. 
This bill seeks to prevent the exploitation of services rendered 
by volunteer registered nurses in public and private hospitals, clinics 
and health facilities by defining measures, which will regulate these 
controversial hospital practices, and to 
provide corresponding 
penalties on those who violates. 
In view of the foregoing, passage of the bill is earnestly sought. 
, 
cs 6-: 
JOSEPH VICTOR EJERCITO 
1 http://www.gmanetwork.com/n ews / story /213475/ news/special reports/ oversupply·o f· 
nurses~forces~themMto-pay-to-work-for-free 
2 http://nurseslabs.com/no-rna re-n uJ'se-volunteer-pro grams-doh -orders-termination-o f-n urse-
volunteer-programs/ 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SEN AX ~ 
S.B. No. 
~q42 
'14 
OCT 30 AS :31 
Introduced by Senator JOSEPH VICTOR EJERCITO 
1 
AN ACT PROHIBITING THE EXPLOITATION OF VOLUTEER 
2 
REGISTERED NURSES IN PUBLIC AND PRIVATE HOSPITALS, 
3 
CLINICS AND HEALTH FACILITIES AND PROVIDING PENALTIES 
4 
FOR VIOLATION THEREOF 
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Be it enacted by the Senate and House of Representatives of the 
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Philippines in Congress assembled. 
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SECTION 1. Short Title. - This Act shall also be known as the "Anti 
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Exploitation of Volunteer Registered Nurses Act" 
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SECTION 2. Declaration of Policy. - As mandated by the Constitution, 
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the state shall protect and promote the right to health of the people 
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and instill health consciousness among them. The State also 
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recognizes the vital role and contribution of Filipino nurses in 
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providing quality health care services to the public. 
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Towards this end, the State shall protect the dignity of the 
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nursing profession and ensure that Filipino nurses are protected 
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against exploitation. 
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SECTION 3. Definition of Terms. - As used in this Act; 
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(a) Clinic refers to a place in which patients avail of medical 
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advice, receive medical attention or treatment on an out-
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patients basis; 
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(b) Fee for work experience refers to any amount collected in 
, 29 
exchange for the issuance of any certification of employment 
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or work experience as an actual or perceived requirement for 
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employment application here or abroad; 
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(c) Government hospitals refers to a hospital operated and 
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maintained either partially or wholly by the national, 
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provincial, municipal of city government or other political 


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subdivision, or by any department, division, board or other 
agency thereof; 
(d) Health facility refers to any infrastructure where medical 
and other allied profession health services are offered and 
where patients receive health care. They include hospitals, 
clinics, outpatient care centers such as birthing centers and 
psychiatric care centers; 
(e) Hospitals refers to a place devoted primarily to the 
maintenance and operation of facilities for the diagnosis, 
treatment and care of individuals from illness, disease, 
injury or deformity, or in need of obstetrical or other medical 
and nursing care. The term 'hospital' shall also be construed 
as any institution, building or place where there are 
installed beds, or cribs, or bassinets for twenty-four-hour 
use or longer by patients in the treatment of diseases, 
diseased conditions injuries, deformities, or abnormal 
physical and mental states, maternity cases, and all 
institutions such as those for convalescence, sanitaria care, 
infirmities, nurseries, dispensaries and such other names by 
which they may be designated; 
(f) Nurse trainee refers to a registered nurse who undergoes 
training under accredited programs of the Department of 
Health . (DOH) 
in 
partnership 
with 
the 
Professional 
Regulation Commission (PRe) Board of Nursing; 
(g) Nurse Training Programs refers to training programs that 
are approved and accredited by the DOH in partnership with 
the PRC Board of Nursing that support a definite career 
progression for registered nurses and are aimed at providing 
advanced or specialty training; 
(h) Private Hospital refers to a hospital which is privately-
owned, established and operated with funds raised or 
contributed through donations, or by private capital or other 
means, by private individuals, association, corporation, 
religious 
organization, 
firm, 
company or joint stock 
association; 
(i) Registerd Nurse refers to any Filipino nurse who has 
graduated with a degree in Bachelor of Science in Nursing, 
has passed the PRC Board of Nursing examinations, and 
whose registration has not been revoked by the PRC; 
(j) Volunteerism refers to an act involving a wide range of 
activities, including those involving traditional forms of 
mutual aid and developmental interventions that provides 


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an enabling and empowering environment both on the part 
of the beneficiary receiving and the volunteer rendering the 
act, 
undertaken 
for 
reasons 
ansmg 
from 
socio-
developmental commitment or conviction for the attainment 
of an individual or public good and where monetary and 
other incentives or reward are not the primary motivating 
factors; and 
(k) Volunteer registered Nurse refers to any registered nurse 
who, for reasons arising from the persons commitment or 
conviction, contributes time, services and resources to a 
hospital, clinic or health facility for free or without 
compensation, on the belief that the activity is mutually 
meaningful and beneficial to the individual or public 
interest. 
SECTION 4. 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. Hospitals which offer 
such training programs shall be allowed to charge the nurse trainees 
corresponding fees to be determined jointly by the DOH and the PRC 
Board of Nursing. 
SECTION 5. Hospital's capability. -
The DOH shall assess the 
capability of all hospitals to provide training programs for registered 
nurses. The minimum criteria for the assessment shall include bed 
capacity, appropriate facilities, and availability of qualified trainers. 
SECTION 6. Protection of volunteer Registered Nurses. - Any person, 
hospital or health facility that contracts or avails the services of a 
volunteer registered nurse is required to provide the following: 
(a) Health, sanitary and safety equipment to the volunteer 
registered nurse; 
(b) Free medical care, laboratory and hospitalization for any 
injury, sickness or disease that may be contracted by the 
volunteer registered nurse in the course of rendering 
volunteer service; and 
(c) Capacity-building and skills enhancement training by the 
hospital or health care facility. 
SECTION 7. Prohibited Acts. - To protect the welfare of volunteer 
registered nurses, the following acts shall be prohibited: 
1) 
Contracting or availing the services of a registered nurse by a 
hospital, clinic or health facility that requires rendering tasks 
and responsibilities expected of a regular staff or community 
nurse, with or without the promise of a monetary allowance, 


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employment benefits, or salaries below the applicable minimum 
wage for both private and public institutions; 
2) 
Requiring any payment of money from a registered nurse who 
serves as volunteer in order to gain work experience in any 
hospital, clinic or health facility for employment purposes; 
3) 
Requiring or obliging a volunteer registered nurse to do any of 
the following: 
(a) Perform the regular work functions or workloads expected 
from a regular Staff Nurse employed by the hospital, clinic or 
any health facility without proper compensation; 
(b) Render full-time service as a condition for the continued 
availment of volunteer services; and 
(e) Serve as the only registered nurse on duty, except during 
disasters and calamities where such service is critical to the 
public health emergency. 
4) 
Contracting or availing the services of a volunteer registered 
nurse in order to fill-up a vacant position that requires the 
employment of a regular registered nurse on a full-time basis; 
and 
5) 
Contracting or availing the services of a volunteer registered 
nurse for free in exchange for the issuance of any type of 
certification by the hospital, clinic or health facility for 
employment purposes here and abroad. 
SECTION 8. Penalties. - Any person who shall commit any of the 
prohibited acts described in Section 7 hereof, 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 
(PlOO,OOO.OO) but not more than five hundred thousand pesos 
(P500,OOO.OO). 
If the offender is an association, corporation, or any other 
judicial person, the aforementioned penalty shall be imposed upon the 
owner, president, treasurer, or any other person responsible for the 
violation. In addition, a warning shall be issued any other person 
responsible for the violation. In addition, a warning shall be issued to 
the hospital, clinic or health facility for its first offense, suspension of 
its license to operate for a period of not less than one (1) month but 
not more than six (6) months for second offense and cancellation of its 
license to operate for third offense. 
If the offender is a government facility under a national 
government agency, local government unit or government owned and 
controlled corporation, the above-stated penalty shall be imposed 
upon the concerned Department Secretary, Local Chief Executive, 
Chairman of the Board and the Hospital Director, Chief Hospital, 


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Provincial, City, Municipal Health Officer or head of the concerned 
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health care facility, whichever is applicable. 
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If the offender is a foreigner, the offender shall be summarily 
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deported after the payment of fine and service of sentence and be 
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barred permanently from entering the country. 
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SECTION 9. Refund and Compensation. - A registered nurse found to 
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have been a victim of any of the prohibited acts under Section 7 of 
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this Act, shall be entitled to a: 
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(a) Full refund of all legal fees illegally collected; and 
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(b) Payment of all unpaid salaries, which should not be less 
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than the applicable minimum wage for the services 
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rendered. 
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SECTION 10. Implementing Rules and Regulations. - The DOH, in 
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coordination with the Private Hospitals Association of the Philippines 
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(PHAP), Department of Labor and Employment, and PRC, shall issue 
20 
the rules and regulations to implement the provisions of this Act sixty 
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(60) days from its effectivity. 
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SECTION 11. Separability Clause. - If any portion or provision of this 
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Act is declared unconstitutional or invalid, the other provisions hereof 
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not affected thereby shall remain valid and effective. 
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SECTION 12. Repealing Clause. -
All laws, executive orders, 
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presidential decrees, presidential proclamations, rules and regulations 
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or parts thereof inconsistent with the provisions of this Act are hereby 
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repealed or modified accordingly. 
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SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days 
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after its publication in the Official Gazette or in a newspaper of 
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general circulation. 
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Approved, 
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