REPUBLIC OF THE PHILIPPINES:
HOUSE OF REPRESENTATIVES
Quezon City, Manila

FIFTEENTH CONGRESS
SECOND REGULAR SESSION
COMMITTEE-REPORT NO. 1437
ore
Submitted by the Committee on Health on 2.0. st
cyan
Re House Bill Na cis

Recommending tts approval in substitution of House Bill No 767

Sponsors: Reps. Alfredo D. Marafion tI and Edgar S. Sar Luis

Mr. Speaker:

‘The Committee on Health to which was referred House Bilt No. 767 introduced by Rep. Edgar Ss.
San Luis, entitled:

AN ACT
PROHIBITING PUBLIC AND PRIVATE HOSPITALS FROM REQUIRING THE PAYMENT OF
MONEY UPON POST GRADUATE NURSES WHO WANT TO GAIN WORK EXPERIENCE
FROM THEIR HOSPITALS PENALIZING ANY VIOLATION THEREOF.”

has considered the same and recommends that the attached House Bill No. £5 entided:

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

be approved in substitution of House Bill No. 767 with Reps. Edgar S. San Luis, Tomas V. Apacible,
‘Augusto Boboy Syiuco, Tomas D. Osttesa, Jane T. Castro, Ma. Amelita A Calimbas-Villarosa, Anthony T.
Golez jr. Erico Basilio A. Fabian, Mark Leandro L Mendoza, Eufranio C. Eriguet, Joaquin Carlos Rahman
Nava Florencio. Flores, jeci A Lapuz, Loretc Leo S. campos, Maximo B Dalog, Monique Yazmin Q
Lagdameo, Maria locelyn V. Bernos, Mary Mitzi L. Cajaycn, Godofrede ¥- Araviza, Rufus B. Rodriguez,
Eancroneiana A. De Jesus, Herminia B, Roman, Randolph S. Ting, joseph Gilbert F. Violago, Dary! Grace J.
Abayon and Alfredo D. Marafion Ii as authors thereo!.

an
Committee on Health

‘THE HONORABLE SPEAKER
House of Representatives
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manita

Fifteenth Congress
Second Regular Session

Introduced by Reps. Edger S. San Luis. Alfredo D. Marafion Ill, Tomas V.
Apacible, Augusto Boboy Syjuco, Tomas D. Osmena, Jane T. Castro, Ma.
melita A. Calimbas-Vilarosa, Anthony T. Golez Jr., Erico Basilio A Fabian,
Mark Leandro L. Mendoza, Eufranio C. Eniguel, Joaquin Carlos Rahman A.
Nava, Fiorencio T. Flores, Jeci A. Lapuz. Loreto ‘Leo S. Ocampos, Maximo B.
Dalog, Monique Yazmin Q. Lagdameo, Maria Jocelyn V Bernos, Mary Mitzi L
Cajayon, Godofredo V. Arquiza, Rufus B. Rodriguez, Emerenciana A. De
Jesus Herminia B, Roman, Randolph S. Ting, Joseph Gilbert F Violago and
Daryi Grace J. Abayon

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 trairing programs that are approvec
‘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 taining.

{b) Nurse Trainee refers to a registered nurse undergoing training
programs that are 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

(c) Nurse Volunteers refer to registered nurses rendering “free” or unpaid
services in hospitals, without empioyer-empioyee relationsrip. and
performing hospital duties with minimal supervision from regular staif
verses, Nurse volunteers may or may not receive trainings, depending
on the institution where they render service



SEC. 2. Assessment and Accreditation — The DOH and the PRC Board of
Nursing shah asses all the training programs for registered nurses that are
being implemented in hospitals. However, if necessary, ar: 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.

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

SEC. 4. Prohibited 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.

SEC. §, Penalty. — Any person who is found guitty of violating this Act shall
suffer the penalty of imprisonment of not tess than six (6) months but not more
tnan one (1) year and a fine of not fess than One Hundred Thousand Pesos
(P-100,000.00) but not more than Five Hundred Thousand Pesos

(P500,000.00)

{f the offender is an association, corporation, ar any other juridical person, the
penalty shail be imposed upon the owner, president, hospital director,
treasurer and any other person responsible for the violation.

¥ the offender is a foreigner, he shall be summarily deported after payment of
fine and service of sentence and be parred permanently from entering the
country.

SEC. 6. Refund and Entitlement to Salary. - Any registered nurse who shalt
be required by the hospital to pay in Violation of Section 4 hereof shail be
refunded the full amount paid to the hospital plus interests of six percent (6%)
per annum until the amount is fully paid. In addition, a salary equivaient to
Salary Grade 11, pursuant to Executive ‘Order No. 814, series of 1989 shall
be paid by the hospital to the registered nurse for services rendered.

SEC. 7 implementing Rules — The DOH, in coordination with the PRC and the
Private Hospitals Association of the Philippines, shall issue the Implementing
Rules and Regulation within sixty {60) days after the effectivity of this Act

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

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

Approved,


FACT SHEET

House Bilt No. £445
(In substitution of House Bit! No. 767)
(As approved by the Committee on September 28, 2011)

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

Introduced by. REPS. HON. EDGAR S. SAN LUIS, ALFREDO D. MARANON Ii,
TOMAS V. APACIBLE, AUGUSTO BOBOY SYJUCO, TOMAS D. OSMEWNA, JANE T.
CASTRO, MA. AMELITA A. CALIMBAS-VILLAROSA, ANTHONY T. GOLEZ JR.,
ERICO BASILIO A. FABIAN, MARK LEANDRO L. MENDOZA, EUFRANIO C.
ERIGUEL, JOAQUIN CARLOS RAHMAN A. NAVA, FLORENCIO T. FLORES, JECI
A LAPUZ, LORETO LEO S. OCAMPOS, MAXIMO B, DALOG, MONIQUE YAZMIN Q.
LAGDAMEO, MARIA JOCELYN V. BERNOS, MARY MITZI L CAJAYON,
GODOFREDO V. ARQUIZA, RUFUS B. RODRIGUEZ, EMERENCIANA A. DE JESUS,
HERMINIA B. ROMAN, RANDOLPH S, TING, JOSEPH GILBERT F. VIOLAGO AND
DARYL GRACE J. ABAYON

Committee Referral: COMMITTEE ON HEALTH .
Committee Chairperson: HON. ALFREDO D. MARANON mw

OBJECTIVE:
« To prevent the exploitation of registered nurses who are serving as nurse
volunteers in any public or private haspitat

KEY PROVISIONS:

« Prohibits any public or private hospital from requiring the payment of
money from registered nurses who are serving as nurse volunteers in
order to gain work experience in the hospitals and for employment
purposes

* Mandates the Department of Health (DOH) and the Professional
Regulation Commission (PRC} Board of Nursing to asses all the taining
programs for registered nurses that are being implemented in hospitals

+ Specifies that only those programs accredited by the DOH and the PRC
Board of Nursing shall be implemented and allowed to charge
corresponding fees

= Mandates the DOH to asses the capabitity of all hospitals to provide
training programs for registered nurses

¢ Provides the penalty of imprisonment of not less than six (6) months but
not more than one year and 2 fine of not less than Ong fkindred thousand
esos (P'100,000.00) but not more than Five fanar sand pesos on
Sny person found guilty of violating this Act. Hf the offender is an


association. the penalty shalt pe imposed upon the owner and otner
natural persons responsible for the violation

«Provides that any nurse volunteer who was required to pay by the hospital
shall be entitled to a refund of the full amount paid to the hospital plus
interests of six percent (6%) per annum until said amount is fully paid. I
addition, a salary equivalent to Salary Grade 11 shall be paid by the
hospital for services rendered

RELATED LAWS:
RA 9173. "Philippine Nursing Act of 2002"

* RA. 7184, “Philippine Nursing Act of 1997
* RA 9418, “Volunteer Act of 2007