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Philippine Nursing Act of 2002 Overview

The document is a summary of Republic Act No. 9173, also known as the Philippine Nursing Act of 2002. It establishes a Professional Regulatory Board of Nursing to oversee and regulate the nursing profession. The Board will be composed of a Chairperson and six members appointed by the President and will have powers like conducting licensing exams, issuing and revoking nursing licenses, and enforcing standards of nursing practice. It aims to improve nursing education and the nursing profession through this new regulatory body.

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0% found this document useful (0 votes)
26 views10 pages

Philippine Nursing Act of 2002 Overview

The document is a summary of Republic Act No. 9173, also known as the Philippine Nursing Act of 2002. It establishes a Professional Regulatory Board of Nursing to oversee and regulate the nursing profession. The Board will be composed of a Chairperson and six members appointed by the President and will have powers like conducting licensing exams, issuing and revoking nursing licenses, and enforcing standards of nursing practice. It aims to improve nursing education and the nursing profession through this new regulatory body.

Uploaded by

Kathleen
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

Congress of the Philippines


Metro Manila

Twelfth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two
thousand two.

[REPUBLIC ACT NO. 9173]

AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION,


REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN
AS “THE PHILIPPINE NURSING ACT OF 1991” AND FOR OTHER PURPOSES

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


Congress assembled.

ARTICLE I

TITLE

SECTION 1. Title. — This Act shall be known as the “Philippine Nursing Act of 2002.”

ARTICLE II

DECLARATION OF POLICY

SEC. 2. Declaration of Policy. — It is hereby 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.

The State hereby guarantees the delivery of quality basic health services through an
adequate nursing personnel system throughout the country.

ARTICLE III

ORGANIZATION OF THE BOARD OF NURSING

SEC. 3. Creation and Composition of the Board. — There shall be created a Professional
Regulatory Board of Nursing, hereinafter referred to as the Board, to be composed of a
Chairperson and six (6) members. They shall be appointed by the President of the
Republic of the Philippines from among two (2) recommendees, per vacancy, of the
Professional Regulation Commission, hereinafter referred to as the Commission, chosen
and ranked from a list of three (3) nominees, per vacancy, of the accredited professional
organization of nurses in the Philippines who possess the qualifications prescribed in
Section 4 of this Act.

SEC. 4. Qualifications of the Chairperson and Members of the Board. — The Chairperson
and Members of the Board shall, at the time of their appointment, possess the following
qualifications:

(a) Be a natural born citizen and resident of the Philippines;

(b) Be a member of good standing of the accredited professional organization of nurses;

(c) Be a registered nurse and holder of a master’s degree in nursing, education or other
allied medical profession conferred by a college or university duly recognized by the
Government: Provided, That the majority of the Members of the Board shall be holders of
a master’s degree in nursing: Provided, further, That the Chairperson shall be a holder of
a master’s degree in nursing;

(d) Have at least ten (10) years of continuous practice of the profession prior to
appointment: Provided, however, That the last five (5) years of which shall be in the
Philippines; and

(e) Not have been convicted of any offense involving moral turpitude;

Provided, That the membership to the Board shall represent the three (3) areas of nursing,
namely: nursing education, nursing service and community health nursing.

SEC. 5. Requirements Upon Qualification as Member of the Board of Nursing. — Any


person appointed as Chairperson or Member of the Board shall immediately resign from
any teaching position in any school, college, university or institution offering Bachelor of
Science in Nursing and/or review program for the local nursing board examinations or in
any office or employment in the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations or their subsidiaries as
well as those employed in the private sector. He/she shall not have any pecuniary interest
in or administrative supervision over any institution offering Bachelor of Science in
Nursing including review classes.

SEC. 6. Term of Office. — The Chairperson and Members of the Board shall hold office
for a term of three (3) years and until their successors shall have been appointed and
qualified: Provided, That the Chairperson and Members of the Board may be reappointed
for another term.

Any vacancy in the Board occurring within the term of a Member shall be filled for the
unexpired portion of the term only. Each Member of the Board shall take the proper oath
of office prior to the performance of his/her duties.

The incumbent Chairperson and Members of the Board shall continue to serve for the
remainder of their term under Republic Act No. 7164 until their replacements have been
appointed by the President and shall have been duly qualified.

SEC. 7. Compensation of Board Members. — The Chairperson and Members of the


Board shall receive compensation and allowances comparable to the compensation and
allowances received by the Chairperson and members of other professional regulatory
boards.

SEC. 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat


and Support Services. — The Board shall be under the administrative supervision of the
Commission. All records of the Board, including applications for examinations,
administrative and other investigative cases conducted by the Board shall be under the
custody of the Commission. The Commission shall designate the Secretary of the Board
and shall provide the secretariat and other support services to implement the provisions
of this Act.

SEC. 9. Powers and Duties of the Board. — The Board shall supervise and regulate the
practice of the nursing profession and shall have the following powers, duties and
functions:

(a) Conduct the licensure examination for nurses;

(b) Issue, suspend or revoke certificates of registration for the practice of nursing;

(c) Monitor and enforce quality standards of nursing practice in the Philippines and
exercise the powers necessary to ensure the maintenance of efficient, ethical and
technical, moral and professional standards in the practice of nursing taking into account
the health needs of the nation;
(d) Ensure quality nursing education by examining the prescribed facilities of universities
or colleges of nursing or departments of nursing education and those seeking permission
to open nursing courses to ensure that standards of nursing education are properly
complied with and maintained at all times. The authority to open and close colleges of
nursing and/or nursing education programs shall be vested on the Commission on Higher
Education upon the written recommendation of the Board;

(e) Conduct hearings and investigations to resolve complaints against nurse practitioners
for unethical and unprofessional conduct and violations of this Act, or its rules and
regulations and in connection therewith, issue subpoena ad testificandum and subpoena
duces tecum to secure the appearance of respondents, and witnesses and the production
of documents and punish with contempt persons obstructing, impeding and/or otherwise
interfering with the conduct of such proceedings, upon application with the court;

(f) Promulgate a Code of Ethics in coordination and consultation with the accredited
professional organization of nurses within one (1) year from the effectivity of this Act;

(g) Recognize nursing specialty organizations in coordination with the accredited


professional organization; and

(h) Prescribe, adopt, issue and promulgate guidelines, regulations, measures and
decisions as may be necessary for the improvement of the nursing practice, advancement
of the profession and for the proper and full enforcement of this Act subject to the review
and approval by the Commission.

SEC. 10. Annual Report. — The Board shall at the close of its calendar year submit an
annual report to the President of the Philippines through the Commission giving a detailed
account of its proceedings and the accomplishments during the year and making
recommendations for the adoption of measures that will upgrade and improve the
conditions affecting the practice of the nursing profession.

SEC. 11. Removal or Suspension of Board Members. — The President may remove or
suspend any member of the Board after having been given the opportunity to defend
himself/herself in a proper administrative investigation, on the following grounds:

(a) Continued neglect of duty or incompetence;

(b) Commission or toleration of irregularities in the licensure examination; and

(c) Unprofessional, immoral or dishonorable conduct.

ARTICLE IV

EXAMINATION AND REGISTRATION

SEC. 12. Licensure Examination. — All applicants for license to practice nursing shall be
required to pass a written examination, which shall be given by the Board in such places
and dates as may be designated by the Commission: Provided, That it shall be in
accordance with Republic Act No. 8981, otherwise known as the “PRC Modernization Act
of 2000.”

SEC. 13. Qualifications for Admission to the Licensure Examination. — In order to be


admitted to the examination for nurses, an applicant must, at the time of filing his/her
application, establish to the satisfaction of the Board that:

(a) He/she is a citizen of the Philippines, or a citizen or subject of a country which permits
Filipino nurses to practice within its territorial limits on the same basis as the subject or
citizen of such country: Provided, That the requirements for the registration or licensing
of nurses in said country are substantially the same as those prescribed in this Act;

(b) He/she is of good moral character; and


(c) He/she is a holder of a Bachelor’s Degree in Nursing from a college or university that
complies with the standards of nursing education duly recognized by the proper
government agency.

SEC. 14. Scope of Examination. — The scope of the examination for the practice of
nursing in the Philippines shall be determined by the Board. The Board shall take into
consideration the objectives of the nursing curriculum, the broad areas of nursing, and
other related disciplines and competencies in determining the subjects of examinations.

SEC. 15. Ratings. — In order to pass the examination, an examinee must obtain a general
average of at least seventy-five percent (75%) with a rating of not below sixty percent
(60%) in any subject. An examinee who obtains an average rating of seventy-five percent
(75%) or higher but gets a rating below sixty percent (60%) in any subject must take the
examination again but only in the subject or subjects where he/she is rated below sixty
percent (60%). In order to pass the succeeding examination, an examinee must obtain a
rating of at least seventy-five percent (75%) in the subject or subjects repeated.

SEC. 16. Oath. — All successful candidates in the examination shall be required to take
an oath of profession before the Board or any government official authorized to administer
oaths prior to entering upon the nursing practice.

SEC. 17. Issuance of Certificate of Registration/Professional License and Professional


Identification Card. — A certificate of registration/professional license as a nurse shall be
issued to an applicant who passes the examination upon payment of the prescribed fees.
Every certificate of registration/professional license shall show the full name of the
registrant, the serial number, the signature of the Chairperson of the Commission and of
the Members of the Board, and the official seal of the Commission.

A professional identification card, duly signed by the Chairperson of the Commission,


bearing the date of registration, license number, and the date of issuance and expiration
thereof shall likewise be issued to every registrant upon payment of the required fees.

SEC. 18. Fees for Examination and Registration. — Applicants for licensure and for
registration shall pay the prescribed fees set by Commission.

SEC. 19. Automatic Registration of Nurses. — All nurses whose names appear at the
roster of nurses shall be automatically or ipso facto registered as nurses under this Act
upon its effectivity.

SEC. 20. Registration by Reciprocity. — A certificate of registration/professional license


may be issued without examination to nurses registered under the laws of a foreign state
or country: Provided, That the requirements for registration or licensing of nurses in said
country are substantially the same as those prescribed under this Act: Provided, further,
That the laws of such state or country grant the same privileges to registered nurses of
the Philippines on the same basis as the subjects or citizens of such foreign state or
country.

SEC. 21. Practice Through Special/Temporary Permit. — A special/temporary permit


may be issued by the Board to the following persons subject to the approval of the
Commission and upon payment of the prescribed fees:

(a) Licensed nurses from foreign countries/states whose service are either for a fee or
free if they are internationally well-known specialists or outstanding experts in any branch
or specialty of nursing;

(b) Licensed nurses from foreign countries/states on medical mission whose services
shall be free in a particular hospital, center or clinic; and

(c) Licensed nurses from foreign countries/states employed by schools/colleges of


nursing as exchange professors in a branch or specialty of nursing;
Provided, however, That the special/temporary permit shall be effective only for the
duration of the project, medical mission or employment contract.

SEC. 22. Non-registration and Non-issuance of Certificates of Registration/Professional


License or Special/Temporary Permit. — No person convicted by final judgment of any
criminal offense involving moral turpitude or any person guilty of immoral or dishonorable
conduct or any person declared by the court to be of unsound mind shall be registered
and be issued a certificate of registration/professional license or a special/temporary
permit.

The Board shall furnish the applicant a written statement setting forth the reasons for its
actions, which shall be incorporated in the records of the Board.

SEC. 23. Revocation and Suspension of Certificate of Registration/Professional License


and Cancellation of Special/Temporary Permit. — The Board shall have the power to
revoke or suspend the certificate of registration/professional license or cancel the
special/temporary permit of a nurse upon any of the following grounds:

(a) For any of the causes mentioned in the preceding section;

(b) For unprofessional and unethical conduct;

(c) For gross incompetence or serious ignorance;

(d) For malpractice or negligence in the practice of nursing;

(e) For the use of fraud, deceit, or false statements in obtaining a certificate of
registration/professional license or a temporary/special permit;

(f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and
technical standards for nursing practice, policies of the Board and the Commission, or the
conditions and limitations for the issuance of the temporary/special permit; or

(g) For practicing his/her profession during his/her suspension from such practice;

Provided, however, That the suspension of the certificate of registration/professional


license shall be for a period not to exceed four (4) years.

SEC. 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates. —


The Board may, after the expiration of a maximum of four (4) years from the date of
revocation of a certificate, for reasons of equity and justice and when the cause for
revocation has disappeared or has been cured and corrected, upon proper application
therefor and the payment of the required fees, issue another copy of the certificate of
registration/professional license.

A new certificate of registration/professional license to replace the certificate that has


been lost, destroyed or mutilated may be issued, subject to the rules of the Board.

ARTICLE V

NURSING EDUCATION

SEC. 25. Nursing Education Program. — The nursing education program shall provide
sound general and professional foundation for the practice of nursing.

The learning experiences shall adhere strictly to specific requirements embodied in the
prescribed curriculum as promulgated by the Commission on Higher Education’s policies
and standards of nursing education.

SEC. 26. Requirement for Inactive Nurses Returning to Practice. — Nurses who have not
actively practiced the profession for five (5) consecutive years are required to undergo
one (1) month of didactic training and three (3) months of practicum. The Board shall
accredit hospitals to conduct the said training program.

SEC. 27. Qualifications of the Faculty. — A member of the faculty in a college of nursing
teaching professional courses must:

(a) Be a registered nurse in the Philippines;

(b) Have at least one (1) year of clinical practice in a field of specialization;

(c) Be a member of good standing in the accredited professional organization of nurses;


and

(d) Be a holder of a master’s degree in nursing, education, or other allied medical and
health sciences conferred by a college or university duly recognized by the Government
of the Republic of the Philippines.

In addition to the aforementioned qualifications, the dean of a college must have a


master’s degree in nursing. He/she must have at least five (5) years of experience in
nursing.

ARTICLE VI

NURSING PRACTICE

SEC. 28. Scope of Nursing. — A person shall be deemed to be practicing nursing within
the meaning of this Act when he/she singly or in collaboration with another, initiates and
performs nursing services to individuals, families and communities in any health care
setting. It includes, but not limited to, nursing care during conception, labor, delivery,
infancy, childhood, toddler, pre-school, school age, adolescence, adulthood and old age.
As independent practitioners, nurses are primarily responsible for the promotion of health
and prevention of illness. As members of the health team, nurses shall collaborate with
other health care providers for the curative, preventive, and rehabilitative aspects of care,
restoration of health, alleviation of suffering, and when recovery is not possible, towards
a peaceful death. It shall be the duty of the nurse to:

(a) Provide nursing care through the utilization of the nursing process. Nursing care
includes, but not limited to, traditional and innovative approaches, therapeutic use of self,
executing health care techniques and procedures, essential primary health care, comfort
measures, health teachings, and administration of written prescription for treatment,
therapies, oral, topical and parenteral medications, internal examination during labor in
the absence of antenatal bleeding and delivery. In case of suturing of perineal laceration,
special training shall be provided according to protocol established;

(b) Establish linkages with community resources and coordination with the health team;

(c) Provide health education to individuals, families and communities;

(d) Teach, guide and supervise students in nursing education programs including the
administration of nursing services in varied settings such as hospitals and clinics;
undertake consultation services; engage in such activities that require the utilization of
knowledge and decision-making skills of a registered nurse; and

(e) Undertake nursing and health human resource development training and research,
which shall include, but not limited to, the development of advance nursing practice;

Provided, That this section shall not apply to nursing students who perform nursing
functions under the direct supervision of a qualified faculty: Provided, further, That in the
practice of nursing in all settings, the nurse is duty-bound to observe the Code of Ethics
for nurses and uphold the standards of safe nursing practice. The nurse is required to
maintain competence by continual learning through continuing professional education to
be provided by the accredited professional organization or any recognized professional
nursing organization: Provided, finally, That the program and activity for the continuing
professional education shall be submitted to and approved by the Board.

SEC. 29. Qualifications of Nursing Service Administrators. — A person occupying


supervisory or managerial positions requiring knowledge of nursing must:

(a) Be a registered nurse in the Philippines;

(b) Have at least two (2) years experience in general nursing service administration;

(c) Possess a degree of Bachelor of Science in Nursing, with at least nine (9) units in
management and administration courses at the graduate level; and

(d) Be a member of good standing of the accredited professional organization of nurses;

Provided, That a person occupying the position of chief nurse or director of nursing
service shall, in addition to the foregoing qualifications, possess:

(1) At least five (5) years of experience in a supervisory or managerial position in nursing;
and

(2) A master’s degree major in nursing;

Provided, further, That for primary hospitals, the maximum academic qualifications and
experiences for a chief nurse shall be as specified in subsections (a), (b), and (c) of this
section: Provided, furthermore, That for chief nurses in the public health agencies, those
who have a master’s degree in public health/community health nursing shall be given
priority. Provided, even further, That for chief nurses in military hospitals, priority shall be
given to those who have finished a master’s degree in nursing and the completion of the
General Staff Course (GSC): Provided, finally, That those occupying such positions
before the effectivity of this Act shall be given a period of five (5) years within which to
qualify.

ARTICLE VII

HEALTH HUMAN RESOURCE


PRODUCTION, UTILIZATION AND DEVELOPMENT

SEC. 30. Studies for Nursing Manpower Needs, Production, Utilization and
Development. — The Board, in coordination with the accredited professional organization
and appropriate government or private agencies shall initiate, undertake and conduct
studies on health human resource production, utilization and development.

SEC. 31. Comprehensive Nursing Specialty Program. — Within ninety (90) days from the
effectivity of this Act, the Board in coordination with the accredited professional
organization, recognized specialty organizations and the Department of Health is hereby
mandated to formulate and develop a comprehensive nursing specialty program that
would upgrade the level of skill and competence of specialty nurse clinicians in the
country, such as but not limited to the areas of critical care, oncology, renal and such
other areas as may be determined by the Board.

The beneficiaries of this program are obliged to serve in any Philippine hospital for a
period of at least two (2) years of continuous service.

SEC. 32. Salary. — In order to enhance the general welfare, commitment to service and
professionalism of nurses, the minimum base pay of nurses working in the public health
institutions shall not be lower than salary grade 15 prescribed under Republic Act No.
6758, otherwise known as the “Compensation and Classification Act of 1989”: Provided,
That for nurses working in local government units, adjustments to their salaries shall be
in accordance with Section 10 of the said law.
SEC. 33. Funding for the Comprehensive Nursing Specialty Program. — The annual
financial requirement needed to train at least ten percent (10%) of the nursing staff of the
participating government hospital shall be chargeable against the income of the Philippine
Charity Sweepstakes Office and the Philippine Amusement and Gaming Corporation,
which shall equally share in the costs and shall be released to the Department of Health
subject to accounting and auditing procedures: Provided, That the Department of Health
shall set the criteria for the availment of this program.

SEC. 34. Incentives and Benefits. — The Board of Nursing, in coordination with the
Department of Health and other concerned government agencies, association of hospitals
and the accredited professional organization shall establish an incentive and benefit
system in the form of free hospital care for nurses and their dependents, scholarship
grants and other non-cash benefits. The government and private hospitals are hereby
mandated to maintain the standard nurse-patient ratio set by the Department of Health.

ARTICLE VIII

PENAL AND MISCELLANEOUS PROVISIONS

SEC. 35. Prohibitions in the Practice of Nursing. — A fine of not less than Fifty thousand
pesos (P50,000,00) nor more than One hundred thousand pesos (P100,000.00) or
imprisonment of not less than one (1) year nor more than six (6) years, or both, upon the
discretion of the court, shall be imposed upon:

(a) any person practicing nursing in the Philippines within the meaning of this Act:

(1) without a certificate of registration/professional license and professional identification


card or special temporary permit or without having been declared exempt from
examination in accordance with the provision of this Act; or

(2) who uses as his/her own certificates of registration/professional license and


professional identification card or special temporary permit of another; or

(3) who uses an invalid certificate of registration/professional license, a suspended or


revoked certificate of registration/professional license, or an expired or cancelled
special/temporary permit; or

(4) who gives any false evidence to the Board in order to obtain a certificate of
registration/professional license, a professional identification card or special permit; or

(5) who falsely poses or advertises as a registered and licensed nurse or uses any other
means that tend to convey the impression that he/she is a registered and licensed nurse;
or

(6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any


similar appendage to his/her name without having been conferred said degree or
registration; or

(7) who, as a registered and licensed nurse, abets or assists the illegal practice of a
person who is not lawfully qualified to practice nursing.

(b) any person or the chief executive officer of a juridical entity who undertakes in-service
educational programs or who conducts review classes for both local and foreign
examination without permit/clearance from the Board and the Commission; or

(c) any person or employer of nurses who violate the minimum base pay of nurses and
the incentives and benefits that should be accorded them as specified in Sections 32 and
34; or

(d) any person or the chief executive officer of a juridical entity violating any provision of
this Act and its rules and regulations.
ARTICLE IX

FINAL PROVISIONS

SEC. 36. Enforcement of this Act. — It shall be the primary duty of the Commission and
the Board to effectively implement this Act. Any duly law enforcement agencies and
officers of national, provincial, city or municipal governments shall, upon the call or
request of the Commission or the Board, render assistance in enforcing the provisions of
this Act and to prosecute any persons violating the same.

SEC. 37. Appropriations. — The Chairperson of the Professional Regulation Commission


shall immediately include in its program and issue such rules and regulations to
implement the provisions of this Act, the funding of which shall be included in the Annual
General Appropriations Act.

SEC. 38. Rules and Regulations. — Within ninety (90) days after the effectivity of this Act,
the Board and the Commission, in coordination with the accredited professional
organization, the Department of Health, the Department of Budget and Management and
other concerned government agencies, shall formulate such rules and regulations
necessary to carry out the provisions of this Act. The implementing rules and regulations
shall be published in the Official Gazette or in any newspaper of general circulation.

SEC. 39. Separability Clause. — If any part of this Act is declared unconstitutional, the
remaining parts not affected thereby shall continue to be valid and operational.

SEC. 40. Repealing Clause. — Republic Act No. 7164, otherwise known as the
“Philippine Nursing Act of 1991” is hereby repealed. All other laws, decrees, orders,
circulars, issuances, rules and regulations and parts thereof which are inconsistent with
this Act are hereby repealed; amended or modified accordingly.

SEC. 41. Effectivity. — This Act shall take effect fifteen (15) days upon its publication in
the Official Gazette or in any two (2) newspapers of general circulation in the Philippines.
EXPECTATIONS

Taking this class makes me nervous and excited all at the same time. I am excited to learn the
importance of this course in the field I have chosen since it is one of the major courses I have to take to
be able to consider myself as a successful Registered Nurse. I am not only in for the completion but for
the satisfaction of being able to fulfill the responsibility of a health care professional. Even though I have
not yet experience serving and providing nursing care to the community, I am very much excited to offer
the skills that I have yet to learn in this course. Maternal Care for Mother, child and adolescent course is
one of the pillars of primary health care. Health promotion and illness/ injury prevention begin in the
preconception period and continue through pregnancy, birth, the postpartum period and the childrearing
years. Thus, lifelong wellness is promoted across the continuum of perinatal and pediatric care which
influences family health and early child development. I am expected to have the knowledge and skills
needed to provide evidence-based nursing with childbearing and child-rearing families to promote health
and address health inequities in many settings, including inner city, rural, northern, indigenous and global
communities. I am aware that there would be struggles and it would be a battle to survive but with the
help of the clinical instructors, I know that I would be able to possess the skills required to provide
maternal-child care

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