Comprehensive Nursing Law 2015

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The key takeaways are that this act aims to provide for a comprehensive nursing law and nursing personnel system to ensure quality healthcare in the Philippines.

The purpose of this act is to uphold the dignity of nurses and assume responsibility for protecting, respecting, and improving the nursing profession by instituting measures towards competent and relevant nursing practice for public health and safety.

Some key definitions provided in this act include accredited integrated professional organization, advanced practice nurse, bachelor of science in nursing, certification/credentialing, health facility, and nurse.

SIXTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES


Second Regular Session

)
)
)

'15 ~PR' 5 \'12 :30


SENATE
S.No.

2720

IU,l'El\,ED B \ ' : - f

Prepared by the Committees on Civil Service and Government Reorganization;


Health and Demography; and Finance with Senators Recto, Trillanes IV,
Marcos, Jr., Binay, Angara, Gningona m, Escudero and VIllar as authors
AN ACT
PROVIDING FOR A COMPREHENSIVE NURSING LAW TOWARDS
QUALITY HEALTH CARE SYSTEM, AND APPROPRIATING FUNDS
THEREFOR
Be it ellacted by the Senate and the HmlSe of Represelltolives of the Republic of the
Philippilles ill Congress assembled:
1

ARTICLE I

General Provisions

3
4

Section 1. Tide. - This Act shall be known as the "Comprehensive Nursing Law of

2015."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the state to uphold

the dignity of the nurses and assume responsibility for the protection, respect, and

improvement of the nursing profession by instituting measures towards competent

10

and relevant nursing practice for health and safety of the public, just and humane

11

conditions of work, and promotion of professional growth. Thus, the State recognizes

12

nurses as prime movers of national development and contributors to international

13

cooperation and understanding.

14

15

The State further guarantees the delivery of accessible, affordable, and available

16

quality health care to all the people through implementation of adequate and

17

competent Nursing Personnel System (NPS) throughout the country.

Sec. 3. Definition of Terms. - The following terms when used in this act shall mean:

(a) Accredited Integrated Professional Orgcmization (AIPO) refers to a

professional organization of nurses duly accredited by the Professional

Regulation Commission as per RepUblic Act No. 8981.

(b) Advanced Practice Nurse (APN) refers to a nurse who acquired substantial

theoretical knowledge and decision making skills in the specialty area of

nursing practice and proficient clinical utilization of this knowledge in

implementing independent and inter-dependent nursing interventions.

Specialties can be differentiated in categories, according to function, disease,

10

pathology, systems, age, sex, acuity, setting, technology, and therapies. They

11

must be given certification! credentialing by the Board. An APN nrust be a

12

master's degree holder in nursing.

13
14

(c) Bachelor of Science in Nursing (BSN) refes to the basic program fur nursing
education.

15

(d) Certificatiow Credentialing refers to the process undertaken by an individual

16

nurse to be recognized to practice in a specifically defined professional tract

17

i.e. General Nursing, Nursing Specialtyl Advanced Practice, Nursing

18

Education, and Leadership and Governance. The Board confers the

19

certification or credential after a validation process based on promUlgated

20

guidelines and mechanisms.

21

(e) Commission on Higher Education CCHED) refers to the body created by law

22

to promulgate policies, standards and guidelines in the implementation of

23

basic and graduate program for nursing education.

24

(t) Health Facility refers to an institution, establishment, clinic that offers health

25

services and nursing care, such as hospitals, barangay health centers, and

26

clinics.

27

(g) Nurse, as provided for in this Act, refers to a person who passed the Philippine

28

Nurse Licensure Exams (PNLE) and whose license has not been revoked by

29

the law. Thus, it pertains to a Registered Nurse (RN). A nurse may append

30

before his! her name the title "Nurse", "Nars", or "Nrs." or after his! her name

31

the title R.N.

~
(h) Nursing Personnel System (NPS) refers to a system of truman resource

management in an institution that classifies the structure, organization, and

:3

coordination within the workforce both in private and public health care

facilities and nursing educational institutions to advance the welfare and

protect the rights of the nurses and to ensure the employer-employee

relationship, security of tenure, just compensation, humane conditions of

work, and professional growth.

8
9

(i) Philippine Nurse Licensure Exams (PNLE) refers to the written examination
given by the Board in order to obtain license to practice nursing.

10

(j) Precarious Work is the term used to describe substandard employment

11

conditions. such as under-payment, absence of salary, no security of tenure,

12

lack of employer - employee relationship, no benefits, poor working

13

conditions; and, deviation from the standard employment relationships, such

14

as contractual, false volunteerism, job orders thru agencies, part time, self-

15

employment, fixed term work, temporary, on call, home workers, call center

16

jobs, few benefits, lack of collective bargaining representation, and no job

17

security.

18

(k) Professional Regulation Commission (pRe) refers to the government agency

19

pursuant to Republic Act No. 8981 or as may hereafter be amended or

20

repealed. It shall be referred to in this law as the Commission.

21

(1) Professional Regulatory Board of NlfTsing (PRBON) refers to the

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administrative body created by law to supervise and regulate the practice of

23

the nursing profession in the Philippines_ As such, the Board shall be the

24

ultimate authority in the practice of the profession in the Philippines. It shall

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be referred to in this law as the Board.

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(m)Public Health Institution (PHI) refers to any government-led, owned or

27

controlled institutions which pursues and realizes the lofty goals and

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objectives of providing and managing safe, efficient, effective and quality

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public health programs and services and advocacies for health, in all levels of

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the Health Care Delivery System (HCDS - national to local) which include

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among others: Rural Health Units (RHUs! Barangay Health Centers);

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Research Facilities e.g. Research Institute for Tropical Medicine, etc.;

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Training Resource Facilities e.g. the u.P. College of Public Health and State
3

or Local Colleges or Universities offeriJOg Health-Related Programs; the

Department of Health and all retained Health Facilities, and the like.

(n) Special Permit refers to the permit to practice nursing in the Philippines issued
by the Board to licensed nurses of foreign nationalities.

(0) Temporary Permit refers to the permit to practice nursing in the Philippines

issued by the Board to Filipino nurses, who does not have a professional

license from the Philippines or have not renewed their license for five (5)

years, but are licensed from foreign countries.

10

ARTICLE II

11

Board ofNufsing

12

13

Sec. 4. Creation and Composition of the Board. - There shall be created a

14

Professional Regulatory Board of Nursing composed of seven (7) members who shall

15

elect among themselves a Chairperson to serve full" one (1) term, without re-election.

16

The President of the Republic of the Philippines shall appoint the members of the

17

Board from among those recommended by the Commission and ranked from a list of

18

three (3) nominees, per vacancy, of the accredited integrated professional organization

19

of nurses in the Philippines and who possess the qualifications in this Act. Provided,

20

that the membership of the Board shall comprise the scope of nursing practice.

21

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Sec. 5. QuaHfications of the Members of the Board. - The members of the Board

23

must possess the following qualifications:

24
25

(a) Must be a natural born citizen and resident of the Philippines for the past
five (5) consecutive years;

26

(b) Must be a Nurse in the Philippines and a holder of a valid and updated

27

certificate of registration and a current professional identification card;

28

(c) Must be a holder of a master's degree in nursing and preferably with a

29

doctorate degree conferred by a university duly recognized by the

30

government;

31

(d) Must have at least ten (l0) years of continuous practice of the nursing

32

profession prior to appointment: PrOl,;ded, however, That the last five (5)
4

years of which must be iu the Philippines; and

(e) MUst be of good moral character and bas not been convicted of any offense
involving moral turpitude.

3
4
5

Sec. 6. Probibition as Member of tbe Board. - A member of the Board shall not

hold a position nor have pecuniary interest in any educational institution offering

BSN, any review or training center for PNLE, training hospitals and health facilities

with nursing affiliates.

10

Sec. 7. Term of Office. - The members of the Board shall hold office for a term of

11

three (3) years. Any member of the Board may serve for two (2) terms or a maximum

12

of six (6)years.

13

14

Sec. 8. Vacancy. - Any vacancy in the Board must be filJed in the manner prescribed

15

in this Act and only for the unexpired portion of the term. Each member of the Board

16

shall take the proper oath of office prior to the pelfolIllance of duties.

17

18

Sec. 9. Compensation. - The members of the Board shall receive compensation and

19

allowances comparable to the compensation and allowances received by the members

20

of other regulatory boards.

21
22

Sec. 10. Administrative Supervision of the Board, Custodian of its Records,

23

Secretariat and Support Services. - The Board shall be under the administtative

24

supervision of the Commission. All records of the Board, including applications for

25

examinations, administrative and other investigative cases conducted by the Board

26

must be under the custody of the Commission. The Commission shall designate the

27

Secretary of the Board and shall provide the secretariat and other support services to

28

implement the provisions of this Act.

29
30

Sec. 11. Powers and Duties of the Board. - The Board shall supervise and regulate

31

the practice of the nursing profession and shall have the following powers, duties and

32

functions:

33

(a) Ensure the proper conduct of the PNLE, which includes the application, test

34

development, examination, correction and release of results. The use of


5

appropriate technologies and modalities during the conduct of the PNLE is

encouraged to enhance efficiency while upholding integrity;

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

nursing and ensure the widest publication through electronic and written media;

6
7

(c) Enforce and monitor safe and quality standards of nursing practice, study the

conditions affecting the nursing practice in the Philippines, and exercise the

powers necessary to ensure the maintenance of efficient, ethico-rnoral, technical

10

and professional standards in the practice of uursing towards the optimal health

11

and common good of the nation;

12
13

(d) Ensure quality nursing education by examining and monitoring higher educational

14

institutions offering and seeking permission to open nursing education programs

15

and to ensure that standards of nursing education are properly complied with and

16

maintained at all times. PrOvided, that the Board and the CHED shall have joint

17

anthority to open and close nursing education programs offered by higher

18

educational institutions;

19
20

(e) Conduct hearings and investigations to resolve complaints against actively

21

practicing nurses for unethical and unprofessional conduct and violations of this

22

Act, or its rules and regulations and in connection therewith, issue subpoena duces

23

tecum and subpoena ad testificandum to require the appearance of respondents

24

and witnesses and the production of documents and penalize with contempt

25

persons obstructing, impeding or otherwise interfering with the conduct of such

26

proceedings, upon application with the Board of Nursing;

27
28

(f) Promulgate a Code of Ethics that is responsive to the needs of the nursing

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profession in coordination with the AIPO of nurses within a year from the

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effectivity of this Act;

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(g) Prescribe and operationalize, via necessary infrastructures, a National Nursing

33

Career Progression Program to ensure continuing professional development of

34

Filipino nurses, create the Council fur Nursing Advancement, Recognition, and

35

Specialization as well as the various Nursing Specialty Boards to assist the Board
6

for this purpose;

2
3

(h) Ensure performance of mandated duties and functions with the provision of

operational resources including human, financial and spatial resources to ensure

the confidentiality and sanctity of their functions as provided through the annual

budget of the Commission as promulgated in the General Appropriations Act;

(i) Source and utilize funds earmarked for national nursing development; and

10

(j) Prescribe, adopt, issne and promulgate guidelines, regulations, measnres and

11

influence authorities and agencies on decision-making as may be necessary for the

12

improvement of nursing practice, advancement of the profession, and for the

13

proper and fuJI enforcement of this Act, subject to review and approval by

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Commission.

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(k) Create a council for nursing recognition, accreditation and certification that will

assist the Board in:


a. Recognizing organized nursing groups;

18
19

20

b. Setting standards for advanced nursing practice, education, research, and


management;

21
22
23

c. Accrediting specialty and advanced nursing programs based on established


mechanisms;

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25

d. Credentialing individual registered nurse based on accepted criteria; and

26

27
28

e. Monitoring and evaluating specialty and advanced nursmg practice,


education, research and management.

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30

Sec. 12. Annnal Report. - The Board shall, at the close of its calendar year, submit

31

an annual report to the President aud Congress of the Philippines through the

32

Commission giving a detailed account of its proceedings aud the accomplishments

33

during the year and making recommendations for the adoption of measures that will

34

upgrade and improve the conditions affecting the practice ofthe nursing profession.
7

Sec. 13. Removal or Snspension of Board Members. - The President may remove

or suspend any member of the Board, after due process, on the following grounds:

(a)

Continued neglect of duty or incompetence;

(b)

Commission or toleration of irregularities in the PNLE; and,

(c)

Unprofessional, immoral or dishonorable conduct.

6
7

ARTICLEm

Examination and Registration

10

Sec. 14. Philippine Nnrse Licensure Examiuation (PNLE). - In order to obtain a

11

certificate of registration, professional license, and professional identification card, all

12

nursing graduates must take and pass the PNLE. The Board shall administer the

13

PNLE in such place and date as designated by the Commission: Provided, That no

14

nursing educational institution may withhold any requirement or documents, or both,

15

of any nursing graduate for the purpose of preventing them to apply for the PNLR All

16

nursing educational institution must ensure that their nursing graduates will take the

17

nearest scheduled PNLE after graduation. Any delay in taking the PNLE must be

18

accordingly justified by the President, Registrar or Dean of the educational institution

19

through a public instrument.

20

21

Sec. 15. Scope of Examination. - The Board shaIJ determine the scope of the PNLE

22

by taking into consideration the nursing core competencies, the nursing curriculum,

23

the scope and areas of nursing practice, and other related disciplines.

24

25

Sec. 16. Qualifications for Admissiou to the PNLE. - In order to be admitted to the

26

PNLE, an applicant:

27

(a) Must be a holder of a Bachelor of Science in Nursing degree from a

28

recognized educational institution that complies with the standards of

29

nursing education duly recognized by CHED;

30

(b) Must be of good moral character and have not been convicted, by final

31

judgment, of any criminal offense involving moral turpitude or guilty of

32

immoral or dishonorable conduct, or any person declared by the court to


8

be of unsound mind; and,


(c) Must be a citizen of the Philippines, or a citizen or

su~ect

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 countries are

substantially the same as those prescribed in this Act.

Sec. 17. Fees for Examination and Registration. - Applicants for licensure and for

registration must pay the prescribed fees set by the Commission.

Sec. 18. Ratings. - In order to pass the PNLE, an examinee must obtain at least

10

seventy-five percent (75%) of tested areas of all competencies. An examinee who has

11

failed the PNLE three (3) times shall not be allowed to take any further PNLE,

12

without having undertaken a refresher program in a duly accredited institution. The

13

board shall issue guidelines on the refresher program requirement.

14
lS

Sec. 19. Issuance of Certificate of Registration, Professional License and

16

Professioual Identification Card. - A certifical:e of registration and professional

17

license shall be issued to all successful examinees. subject to Section 14 of this

18

Article. A certificate of registration and professional license shall show the full name

19

of the registrant, the signature of the Chairperson of the Commission, and the

20

members of the Board. The certificate shall bear the logo of the Board and the official

21

seal of the Commission.

22

The Commission shall likewise issue the protessional identification card. The card

23

must bear the following: full name of the registrant nurse, the serial number, the date

24

of issuance and expiration, the signature of the Chairperson of the Commission; date

2S

of registration.

26

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Sec. 20. Oath of Profession. - All successful examinees must take an oath of

28

profession before the Board or any government official authorized to administer oaths

29

prior to entering upon the nursing practice.

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31

Sec. 21. Roster of Nurses. - The Commission shall maintain a roster of nurses

32

pursuant to the PRe Automated System. The Roster of Nurses shall serve as the

33

centralized database for nursing professionals for purposes of documentation,


9

verification of registrants, statistics, research, and dlevelopment.

2
3

Sec. 22. Integration of the Nursing Profession. - The nursing profession shall be

integrated into one (I) national professional organization of nurses that is dul y

registered with the Securities And Exchange Commission (SEC). The board, subject

to approval by the commission, shall accredit the said organization as the one and

only Accredited Integrated Professional Organization (AIPO) of registered nurses. All

nurses whose names appear in the Registry Book of Nurses shall ipso facto or

automatically become members thereof and shall receive all the benefits and

10

privileges appurtenant thereto upon payment of AlPO membership fees and dues.

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12

Membership in the Accredited Integrated Professional Organization (AIPO) shall not

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be a bar to membership in other nursing organizations.

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Sec 23. - Foreign Reciprocity. No foreign nurse shall be given a certificate of

16

registration/professional license and professional identification card or be entitled to

17

any of the privileges under this act unless the country or state of which the foreign

18

nurses is a subject or citizen permits Filipino nurses to practice within its territorial

19

limits on the same basis as the subjects or citizens of said country or state.

20

Sec. 24. Practice through Speeial or Temporary Permit. - The Board may issue a

21

special or temporary permit to the following persons based on qualification, and

22

professional and moral standards as approved by the Commission: Provided, that a

23

completion report will be submitted to the Commission after every mission, to wit:

24

25

(a) Licensed nurses from foreign countries whose services are either for a fee or

26

free if they are internationally well-known specialists or outstanding experts in

27

any branch or specialty of nursing;

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29
30

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

nurses

from

foreign

countries

who

are

engaged

by

31

colleges/universities offering the nursing program as exchange professors in a

32

branch Or specialty of nursing; and,

33

(d) Licensed nurses from foreign countries who come to aid during declared
10

disasters and calamities.

2
3

The special or temporary permit shall be effective only for the duration of the project,

medical mission or engagement contract.

Sec. 25. Non-registration and Non-issnance of Certificate of Registration,

Professional License, Professional Identification Card, Special Permit or

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

10

any person declared by the court to be of unsound mind may be registered and issued

11

a certificate of registration, professional license, professional identification card, or a

12

special or temporary permit.

13

14

The Board shall furnish the applicant a written staltement setting tbrth the reasons for

15

the actions, which shall be incorporated in the records of the Board.

16

17

Sec. 26. Revocation and Snspension of Certificate of Registration, Professional

18

License, and Professional Identification Card and Cancellation of Special or

19

Temporary Permit. - The Board shall have the power to revoke or suspend the

20

certificate of registration, professional license, professional identification card, or

21

cancel the special or temporary permit of a nurse upon any of the following grounds:

22

23

(a) Conviction, by final judgment, of any criminal offense involving moral

24

turpitude or guilty of immoral or dishonorable conduct or any person

25

declared by the court to be of unsound mind;

26
27
28
29

(b) Violation of this Act, its policies, rules and regulations, and of the ,
Philippine Code of Ethics for Nurses;
(c) Gross negligence, grave misconduct, ignorance, and incompetence in the
nursing practice;

30

(d) Fraud, concealment, misrepresentation, or false statements in obtaining a

31

certificate of registration, professional license, professional identification

32

card, special permit or temporary permit

33

(e) Practice of the nursing profession pending suspension of license.


11

The suspension of the certificate of registration, profussional license, and professional

identification card, shall be for a period not to exceed four (4) years.

Sec. 27. Reinstatement and Re-Issuance of Revoked Certificates of Registration,

Professional License, and Professional Identification Card. - The Board may, after

the expiration of a maximum of four (4) years from the date of revocation of a

certificate of registration, professional license, and professional identification card, for

reasons of equity and justice, and when the cause for revocation has disappeared or

. has been cured and corrected, upon proper application thereof and the payment of the

10

required fees, reinstate and re-issue the certificate of registration, professional license,

11

and professional identification card.

12
13

ARTICLE IV

14

Nursing Practice

15
16

See. 28. Nursing Practice. - The administration of nursing care through the

17

utilization of the nursing process: assessment, nursing diagnosis, planning,

18

implementation, and evaluation. Nursing practice encompasses various stages of

19

development towards the promotion of health, prevention of illness, health care

20

techniques and procedures, restoration of health, alleviation of suffering, and end-of-

21

life care, may it be performed independently or collaboratively.

22

23

Sec. 29. Scope of Nursing Practice. - The following are the scope of nursing

24

practice: (1) nursing education; (2) nursing service; (3) rrursing research; and, (4)

25

nursing leadership and governance.

26
27

Sec. 30. Nursing Care. - Nursing Care includes, but is not limited to: the provision

28

of physiological, psychological, spiritual, social and emotional care; essential health

29

care, safety and comfort measures, health teachings; executing health care techniques

30

and procedures; and, traditional and innovative approaches to individuals, families,

31

population groups and communities from conception to death.

32

A nurse shall be deemed to be practicing nursing when he or she, for a fee, salary or

33

compensation, singly or collaboratively, performs nursing care to individuals,

34

families, popUlation groups, and communities.

12

Sec. 3L Roles, Responsibilities, and Competeacies of a Nurse. - A nurse shall

possess and exercise the core competencies in the performance of the roles and

responsibilities, in accordance with the standards set by the Board.

SEC. 32. Continuing Professional Development (CPD). -All nurses shall abide by

the requirements, rules and regulation on continuing professional development to be

promulgated by the PRC Regulatory Board, subject to' the approval of the

commission, in coordination with the A1PO for nurses or any duly accredited

education institutions. For the purpose, a CPD council is hereby created to implement

10

the CPD program.

11

12

Sec. 33. Requirement for Inactive Nurses Returning to Practice. - Nurses are

13

deemed to be inactive when:

14

(a) They are not utilizing nursing competencies as defined in the scope of nursing

15

practice for five (5) consecutive years;

16

(b) They have not renewed their professional identification card for five (5) years; and

17

(c) They do not have proof of five (5) years of conI:inuous nursing practice.

18

19

Inactive nurses are required to undergo one (1) month didactic training and three (3)

20

months practicum in hospitals accredited by the Board.

21
22
23

ARTICLE V

24

Nursing Education

25

26

Sec. 34. Nursing Education. - Refers to the formal learning and training in the

27

science and art of nursing provided by higher educational institutions duly recognized

28

by the CRED.

29
30

There shall be a standard of Basic and Graduate Program for Nursing Education

31

which must be pursuant to the CHED Law (RA 7722).

32

33

See. 35. Basic Program for Nursing Education. - Refers to the nursing education

34

program which envisions providing sound liberal and professional education and
13

equips basic nursing students with the necessary competencies for entry - level safe

and quality nursing practice.

3
4

Admission to the Basic Program for Nursing Education requires passing a National

Nursing Admission Test (NNAT).

The curriculum and the Related Learning Experiences (RLE) must be in accordance

with the National Nursing Core Competency Standards promulgated by the Board and

implemented through the Policies, Standards, and Guidelines of the CHED.

10

Sec. 36. Graduate Program for Nursiug Education. - Refers to the post

11

baccalaureate nursing program, which builds on the experiences and skills of a nurse

12

towards mastery, expertise, and leadership in practice, research, and education. It

13

includes a master's degree and doctorate degree in nursing founded on the

14

philosophies, and the scientific body of knowledge and practice.

15

16

Graduate Program for Nursing Education shall be offered only in higher educational

17

institutions as prescribed by the prevailing CHED Policies, Standards and Guidelines

18

for Graduate Education.

19
20

Sec. 37. Qualifications of the DeaD. - The Dean of the College of Nursing (Dean)

21

shall formulate policies, plans in collaboration with the administration! school

22

officials and stakeholders. The Dean must adhere to the prescribed curriculum for the

23

advancement of nursing education.

24

25

The Dean:

26

27
28

29
30
31
32

33
34

(a) Must be a holder of a certificate of registration and a current professional


identification card issued by the Commission;
(b) Must have the appropriate certificate of nursing proficiency, or its equivalent,
to be issued by the PRBON;
(c) Must be a holder of a master's degree in nursing, conferred by a university
duly recognized by the Government of the Republic of the Philippines;
(d) Must have at least five (5) years of experience in teaching and supervision in
Nursing Education; and
14

1
2

(e) Must have at least three (3) years clinical. experience in a general nursing
service.

Sec. 38. Qualifications of the Faculty. -

(1) Basic Program for Nursing Education. -A member of the faculty in a College of

Nursing teaching professional courses:

(a) Must be a registered nurse in the Philippines and holder of a certificate of

registration and a current professional identification card issued by the

Commission;

(b) Must have at least three (3) years of nursing practice;

10

(c) Must be a holder of a master's degree in nursing. conferred by a university

11

duly recognized by the Government ofdJe Republic ofthe Philippines; and

12

(d) Must have the appropriate certificate of nursing proficiency, or its

13
14
15

equivalent, to be issued by the PRBON.


(2) Graduate Program for Nursing Education. - A member of the faculty teaching
graduate professional courses:

16

(a) Must follow prescriptions 1 and 2 of basic nursing education; and

17

(b) Must be a holder of a doctoral degree in nursing confurred by a university

18

duly recognized by the Government of the Republic of the Philippines.

19

Sec. 39. Faculty-to-Student Ratio. - The taculty-to-student ratio tnust be in

20

accordance with the standard to be determined and prescribed by the CHED.

21

22

ARTICLE VI

23

Nursing Service

24

25

Sec. 40. Nursing Service. - Nursing Service is the promotion of health and

26

prevention of illness which includes, but not limited to, nursing care provided by a

27

nurse, either independently or collaboratively, to any individual, family or group in

28

various health care settings.

29

15

Nursing Service shall include the following functions: (I) Provide health education to

individuals, families and communities; (2) Ensure that information on healthy

lifestyle are incoIporated in his or her health teachings; (3) Seek opportunities to

promote a healthy lifestyle within his or her intluence; (4) Accept that he or she is a

role model for a healthy lifestyle; (5) Enable people to increase control over their

health and to improve health; (6) Build healthy public policy; (7) Create supportive

environment; (8) Strengthen community action for health; and, (9) Establish linkages

with community resources and coordination of services with the health team.

10

Sec. 41. Nursing Interventions. - Nursing interventions include, but is not limited to:

11

any or combination of essential primary health care, the application of traditional and

12

innovative approaches, health counseling, and administration of written prescription

13

for treatment, therapies, oral. topical, and parenteral medications, perform peripartal

14

care covering pre-intra-postpartum care including the performance of internal

15

examination during labor in the absence of antenatal bleeding, attend to normal

16

delivery and suturing of perineal laceration and immediate care of the newborn;

17

perform perioperative care covering pre-intra-post surgical care interventions; care

18

during emergency and disaster.

19
20

Sec. 42. Health Interventions in Collaboration with Other Members ofthe

21

Health Team. - In the various stages of nursing practice from promotion of health to

22

end-of-Iife care, Nurses shall collaborate with other members of the health team.

23
24

Sec. 43. Advanced Practice Nursing. - Advance Practice Nursing is the specialized

25

and expanded nursing care pursuant to Sec. 46 hereof Advanced Practice Nursing

26

involves specialty training, through an Advanced Practice Nursing Program

27

formulated by the concerned agencies with certification to be issued by the Board

28

after passing the qualifying examination. A Registered Nurse (RN) who seeks to be an

29

Advance Practice Nurse (APN) must have a master's degree in Nursing.

30

31

ARTICLEVH

32

Nursing Researcb, Policy Development, and Planning

33
34

Sec. 44. Nnrsing Research and Policy Development. - Nursing Research and Policy

35

Development shall involve study and pursuit of nurse related issues encompassing the
16

1
2
3

following areas:
(a) Professional nursing practice such as advancing lUlfsing knowledge to ensure
quality nursing care for all and advocacy for sound health policies globally.

(b) Nursing regulation on credentialing, code of ethics, standards and competencies.

(c) Socio-economic welfare for nurses like occupational health and safety, human

resources planning and policy, remuneration, career development.

7
8

Sec. 45. Studies for Nursing Buman Resource Needs, Production, Utilization and

Development. - The Board, in coordination with the accredited integrated

10

professional organization of registered muses and the appropriate government or

11

private agencies shall initiate, undertake and conduct studies on healthcare human

12

resources production, utilization and development.

13

Sec. 46. Advanced Practice Nursing Program. - WIthin ninety (90) days from the

14

effectivity of this Act, the Board in coordination with the accredited integrated

15

professional organization of registered nurses, recognized specialty organizations, and

16

the Department of Health (DOH) is hereby mandated to formulate and develop an

17

Advanced Practice Nursing Program that would upgrade the level of skill and

18

competence of specialty llllrse clinicians in the country, such as, but not limited to, the

19

areas of critical care, oncology, renal and such other areas as may be determined by

20

the Board: Provided, that the beneficiaries of this program are obliged to serve in any

21

Philippine hospital for a period of at least two (2) years continuous service.

22
23

Sec. 47. Salary. - The minimum base pay of nurses working in governmental health

24

institutions, upon entry, shall not be lower than Salary Grade IS (SG-IS). This is to

25

enhance the general welfare, commitment to service, and professionalism of nurses. In

26

non - governmental and/or private health institutions, the minimum base pay for the

27

nurses upon entry shall be equivalent to that of Salary Grade "\5" in public hospitals

28

and institutions.

29

30

Sec. 48. Incentives and Benefits. - The Board, in coordination with the DOH, other

31

concerned government and non-government institutions, association of hospitals and

32

the AIPO for registered nurses, shall establish an incentive and benefit system in the

33

form of free hospital care for nurses and their dependents, scholarship grants and
17

other non-cash benefits.

ARTICLE VOl

Nursing Leadership and Governance

4
5

Sec. 49. Nursing Leadership. - Nursing is a dynamic field that requires leaders who

will go through the changing aspects of the health sector as they are part of the

workforce that will toil and labor for the improvement of the health of the citizenry.

Nurses adopt specific roles in organizational structure, from being the policy makers

in health facilities and giving guidance to senior management on best practices in

10

nursing and patient care. They work with healthcare leaders to establish compensation

11

and benefit programs and are involved in nurse recruitment, training and retention.

12

Thus, nurses in management positions shall develop patient-care programs, manage

13

nursing budgets, plan new patient services, establish nursing policies and procedures,

14

participate in cross-departmental decision making, conduct performance improvement

15

activities and represents the scope of nursing practices at Board of director meetings

16

and other stakeholder.

17

18

Sec. 50. Nursing Governauce. - Governance in nursing practice is shifting from the

19

traditional view that nurses are subordinate and passive employees towards having

20

more proactive involvement of taking charge of the organization to be the antecedent

21

in decision making and implementation of plans and policies for the patients and

22

communities. Governance in the practice of nursing shall empower each nurse in

23

decision-making over their professional practice while extending their power and

24

control over the administrative aspect of their practice.

25

ARTICLE IX

26

Nnrsing Personnel System

27

28

Sec. 51. Nursiug Personnel System. - The nursing personnel system covers the

29

following fields: nursing service administration in the hospital setting, community

30

health practice, and the academe.

31

There shall be a nursing service office in every health institution, may it be

32

administrative or clinical, with at least ten nurses. The nursing service office must be

33

under the control and management of a chief nursing officer.


18

Sec. 52. Ratio. - The ratio of a staff nurse to a paUient in a general nursing service or

general ward of a hospital shall be set at at least 1: 6.2, in order to effectuate the quality

nursing care for patients. There shall be a nurse fur every barangay and industrial

establishment: PrOVided, that the nurse shall supervise other health workers in the

work area.

There shall be a nurse for every school, whether private or public, primary, secondary

or tertiary. subject to the applicable ratio prescribed by the appropriate govermnent

agency.

10

11

Sec. 53. Beginning Registered Nurse. - A beginning registered nurse shall provide

12

for safe and quality care to an individual, family. or group that is independent or

13

provided as part of a team. The nurse must be able to assess, plan, implement, and

14

evaluate the care provided to clients based on evidence derived from research.

15
16

17
18
19
20

A beginning registered nurse must have the following minimum qualifications:


(\) Must be a Bachelor of Science in Nursing graduate from a higher educatioual
institution recognized by the CHED;
(2) Must be a registered nurse with currem certificate of registration and
professional identification card issued by the Commission;

21

(3) Must be physically, mentally and psychologically fit to practice nursing; and

22

(4) Must not be convicted of any crime involving moral turpitude.

23
24

Sec. 54. Nursing Service Management. - Nursing Service Mauagement refers to the

25

Management and Administration of Nursing Services by Nurses equipped with the

26

necessary competencies on governance and leadership, to wit:

27

28
29

(1) First Level Manager, is responsible directly fur the physical set-up of the unit,
structure and other human resources for health care provision.

30

(2) Middle Lel'el Manager, is responsible for the department or section handling more

31

than one (1) ortwo (2) units, taking care of the financial, logistic, operational

32

functions and others.


19

1
2

(3) Top Level Manager, oversees all nursing units in tenns of financial and human
resources for health such as nurses and nursing assistants! adjuncts.

Nursing Service Managers must have the following minimum qualifications in

addition to the requirements of a Beginning Registered Nurse:

5
6

(a) For first level managerial position in IlUrsing, must have at least eighteen (18)

units of nursing management and clinical subjects in Master of Arts in Nursing or

Master of Science in Nursing, at least three (3) years of clinical work experience,

and must have participated in at least one (1) research project to improve quality

10

of care;

11

(b) For middle level ml.D1agerial position ill I11fTsillg, must have completed all

12

academic requirements in Master of Arts in Nursing or Master of Science in

13

Nursing and must have at least three (3) years of clinical work and two (2) years

14

of management experience, and must have initiated at least one (I) research

15

project to improve quality of care;

16

(c) For top level managerial positio1l ill lll1rsillg. must have a post-graduate degree in
~

17

nursing or health management

related sciences and at least three (3) years of

18

clinical work and three (3) years of management experience, and must have

19

initiated at least two (2) research projects to improve quality of care; and

20

(d) For all mallagerial positions ~ Must present the appropriate Certificate of Nursing

21

Proficiency, or its equivalent, from the Board in observance of the Nursing

22

Leadership and Governance Certification Program (Nurse Administrator I, Nurse

23

Administrator II, Nursing Administration Specialist).

24

The above qualifications shall apply to all nurses occupying supervisory or

25

managerial positions across all health facilities.

26

Sec. 55. Public Health Practice.

27

operationalized in every local health agencies in order to ensure the nursing

28

component of public health programs. Thus, an ideal of having at least one (I) nurse

29

in every barangay shall be the thrust of public health in order to provide accessible,

30

available, and affordable quality health care to all More so, the ideal of having at

31

least one (I) nurse in every school, whether private or public, shall be prioritized in

32

every primary, secondary and tertiary educational institution in order to instill health

A nursing servtce shall be organized and

20

awareness at an early stage and to improve the hea1l!th status of the students.

2
3

Sec. 56. The Chief Nursing Officer (CNO). - The nursing service and delivery of

healthcare in a public health practice or community set-up must be under the control

and management of the Chief Nursing Officer

administrative responsibility and shall have the authority on planning, organizing,

directing, and controlling of public health nurses. A CNO must have a minimum of

three (3) years practice in a community setting as a Public Health Nurse, and must

have at least five (5) years experience in relevant nursing practice setting. In addition,

10

the CNO in public health agency must be a master's degree holder in relevant nursing

11

practice setting, conferred by an educational institution duly recognized by the

12

Govermnent ofthe Philippines.

OT

CNO. The CNO shal1 carry full

13
14

The CNO is responsible for the fonnulation of policies, strategic and operational

15

planning, financial plan and resource allocation, policies and procedure development,

16

professional and organizational involvement to address epidemiologic problems and

17

provide statistical data, and shall exercise good governance and accountability of the

18

nursing personnel in a public health setting. The CNO shall also act as the advocate

19

for the rights and welfare of public health nurses.

20

21

Sec. 57. Nurse Supervisor (NS). - The Nurse Supervisor or NS shall be in charge of

22

planning, organizing, directing and controlling activities within a demographic unit. A

23

NS must have a minimum of three (3) years practice in a community setting as a

24

Public Health Nurse, and must be a master's degree holder in Public Health Nursing

25

or its equivalent.

26
27

Sec. 58. The Public Health Nurse (PaN). - The Public Health Nurse or PHN shall

28

perform the functions and activities of health promotion, such as the prevention and

29

treatment of various diseases and illnesses, in a particular public setting. The PHN

30

shall exercise a supervisory role to the midwives and barangay health workers within

31

her area. The PHN shall initiate and participate in developing policies and guidelines

32

to promote basic nursing services.

21

ARTICLE X

Prohibited Acts and Penal

Sec. 59. Prohibited Acts. - Any of the following shall constitute Wllawful and illegal

acts:

(a) Any person who is'practicing the nursing profession in the Philippines:

8
9

1. Without a certificate of registration, professional license, professional

10

identification card. special pennit or temporary permit or without

11

having been declared exempt from examination in accordance with the

12

provision of this Act;

13
14

2. Who uses a certificate of registration, professional license, professional


identification card, special permit or temporary permit of another;

15

3. Who uses an invalid certificate of registration, proressionallicense, a

16

suspended or revoked certificate of registration, professional license, or

17

an expired or cancelled special or temporary pennits;

18

4. Who, by any means of misrepresentation, false evidence, or

19

concealment, obtained a certificate of registration, profussionallicense,

20

professional identification card, special permit or temporary permit;

21

5. Who falsely poses or advertises as a registered and licensed nurse or

22

uses any other means that tend to convey the impression that he/she is

23

a registered and licensed nurse;

24

6. Who appends "Nurse", "Nars", or "Nrs." before his or her name or

25

B.S.N.IRN. (Bachelor of Science in NursinglRegistered Nurse) after

26

his or her name without having been conferred said degree or

27

registration; or

28

7. Who, as a registered and licensed nurse, abets or assists to the illegal

29

practice of a person who is not lawfully qualified to practice nursing;

30

(b) Any natural or juridical person, educational institutions offering BSN without

31

full compliance with the requirements prescribed by law conducts Continuing


22

Professional Development for nurses without accreditation from the Board; or

any natural or juridical person or health fucility who uudertakes or offers ill-

service training programs, for a fee and without permitJclearauce from the

Board and the Commission;

(c) Ally natural or juridical person or health facility who subscribes to sub-

standard quality of nursing care and/or

compliance with the nurse-to-patient ratio;

nursing practice, such as non-

(d) Ally natural or juridical person or health fucility who exercises and promotes

precarious working conditions to nurses., such as, bnt not limited to, the

10

following:

11

1. Contracting or availing of the services of a nurse either without salary,

12

for allowance, for salary below the applicable wage prescribed under

13

this Act, whether or not under the pretext of a training, development

14

program, certification course and lor seminar;

15
16

2. Depriving or denying a nurse of the incentives and benefits as provided


for by the existing laws;

17

3. Collecting any fees from a nurse or from any person or agent in his or

18

her behalf in exchange for a nurse:'s voluntary services in a health

19

facility;

20

4. Requiring or obliging a volunteer nurse to perform the regular work

21

functions and/or regular work load expected from a regular staff nurse

22

employed by the health facility without proper compensation, to render

23

full-time service as a condition for the continued availment of his/her

24

volunteer services, and/or to be the sole nurse on duty, except during

25

disasters, calamities., public emergencies and war;

26

5. Contracting or availing of the services of a volunteer nurse, under the

27

pretext of On-The-Job Training (Orr), contract of service, and/or job

28

orders, in order to fill-up a vacant position that requires the hiring of a

29

full-time regular employed nurse, or for free in exchange for any type

30

of certification to be issued by the health facility for purposes of the

31

nurse's employment application; or


23

6. Contracting or availing of the services of a oorse, under the pretext of

training or certification course, but requiring the nurse to render the

4
5

, tasks

and responsibilities expected of a regular staff or public health

nurse, in violation of Section 48 hereof;


(e) Any violation of the provisions of this Act.

Sec. 60. Sanctions. - A fine of not less than one hundred thousand pesos

(PIOO,OOO.OO) nor more than three hundred thousand pesos (p300,OOO.OO) or

imprisomnent 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 violation of any prohibited acts

10

enumerated in Section 59 (a) hereof.

11

12

A fine of not less than three hundred thousand pesos (p300,OOO.OO) nor more than five

13

hundred thousand pesos (p500,OOO.OO) and/or imprisomnent of not less than one (I)

14

year nor more than six (6) years shall be imposed upon violation of any prohibited

15

acts enumerated in Section 59 (b), (c), (d), and (e) hereof. In addition, suspension or

16

revocation of license to operate the health facility may be issued upon the discretion

17

of the court. In case the violation is committed by a partnership, corporation,

18

association, or any other juridical person, the managing partner, president, director/s,

19

or manager who has committed or consented such violation shall be held directly

20

liable and responsible for the acts, as principal or as co-principalls with the other

21

participants, if any.

22

23

Sec. 61. Refund and Compensation. - Any nurse found to have been a victim of

24

Section 59 (d) hereof shall be entitled to a full refund of all fees illegally collected

2S

fees and charges and the payment of unpaid salal)', if any which should not be less

26

than the applicable wage for services rendered.

27

ARTICLE XI

28

Miscellaneous

29
30

Sec. 62. Implementing Agencies. - The Department of Health (DOH) is hereby

31

designated as the agency tasked with monitoring the compliance with and

32

implementation of the provisions of this Act by public health facilities. The

33

Department of Labor and Employment (DOLE) is designated as the agency tasked


24

with monitoring the compliance with and implementations of the provisions of this

Act by private health facilities. The Commission and the Board are designated as the

agencies tasked with monitoring the compliance with and implementations of the

provisions of this Act by educational institutions, CPD providers and health facilities.

The CHED is similarly designated as the agency tasked with monitoring the

compliance with and implementations of the provisions of this Act by educational

institutions with regard to nursing education programs and curriculum.

Sec. 63. Appropriations. - The amount necessary to carty out the provisions of this

10

Act shall be charged to savings of the concerned agencies immediately upon

11

effectivity hereof. Every year thereafter, the amounts necessary to effectively

12

implement the provisions of this Act shall be included in the annual budget of the

13

concerned agencies to be incorporated in the Genernl Appropriations Act (GAA).

14

15

In order to effectively carry out the advance practice of the nursing program,

16

the annual financial requirement needed to train at least ten percent (10%) of the

17

nursing staff of the participating government hospitals and institutions shall be

18

chargeable against the income of the Philippine Charity Sweepstakes Office (PCSO)

19

and the Philippine Amusement And Gaming CotpOTation (pAGCOR), which shall

20

.equally share in the costs; the same shall be released to the Department of Health

21

subject to the usual accounting and auditing procedures. Provided, that the

22

Department of Health shall set the budget for, as well as the criteria for the availment

23

of this program.

24

25

Sec. 64. Implementing Rules and Regulations. - Within ninety days (90) after the

26

effectivity of this Act, the Commission, the Board, the AIPO for registered nurses, the

27

Civil Service Commission, the Department of Budget and Management, the

28

Department of Health and other concerned nursing organizations and government

29

agencies, shall formulate the implementing rules and regulations necessary to carty-

30

out the provisions of this Act. The implementing rules and regulations shall be

31

published in the Official Gazette or in at least two (2) newspapers of general

32

circulation.

33
34

Sec. 65. Separability Clause. - Should any provision of this Act be declared

35

unconstitutional, the remaining parts not affected thereby shall remain valid and
25

operational.

Act No. 9173, othetwise known as the

Sec. 66. Repealing Clanse. ~ Republic

"Philippine Nursing Act of 2002" is hereby repealed. All other laws, decrees, orders,

circulars, issuances,

inconsistent with this Act are hereby repealed, amended or modified accordingly.

rules

and

regulations

and

parts thereof which

are

7
~

Sec. 67. Effectivity.

This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in any two (2) newspapers of general circulation in the

10 Philippines.

Approved,

26

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