LM RA 7163 Notes

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RA 9173: Philippine Nursing Act of 2002 the Government: Provided, That the majority of the

Begun and held in Metro Manila, on Monday, the members of the Board shall be holders of a master’s
twenty-second day of July, two thousand two. degree in nursing: Provided, further, That the
Chairperson shall be a holder of a master’s degree in
October 21, 2002 nursing;
AN ACT PROVIDING FOR A MORE RESPONSIVE (d) Have at least ten (10) years of continuous practice of
NURSING PROFESSION, REPEALING FOR THE the profession prior to appointment: Provided,
PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE however, That the last five (5) years of which shall be in
KNOWN AS “THE PHILIPPINE NURSING ACT OF the Philippines; and
1991” AND FOR OTHER PURPOSES (e) Not have been convicted of any offense involving
moral turpitude; Provided, That the membership to the
Be it enacted by the Senate and the House of Board shall represent the three (3) areas of nursing,
Representatives of the Philippines in Congress namely: nursing education, nursing service and
assembled: community health nursing.
ARTICLE I Section 5. Requirements Upon Qualification as Member
Title of the Board of Nursing. – Any person appointed as
Section 1. Title. – This Act shall be known as the Chairperson or Member of the Board shall immediately
“Philippine Nursing Act of 2002.” resign from any teaching position in any school, college,
university or institution offering Bachelor of Science in
ARTICLE II Nursing and/or review program for the local nursing
Declaration of Policy board examinations or in any office or employment in
Section 2. Declaration of Policy. – It is hereby declared the government or any subdivision, agency or
the policy of the State to assume responsibility for the instrumentality thereof, including government-owned or
protection and improvement of the nursing profession by controlled corporations or their subsidiaries as well as
instituting measures that will result in relevant nursing these employed in the private sector. He/she shall not
education, humane working conditions, better career have any pecuniary interest in or administrative
prospects and a dignified existence for our nurses. supervision over any institution offering Bachelor of
The State hereby guarantees the delivery of quality basic Science in Nursing including review classes.
health services through an adequate nursing personnel Section 6. Term of Office.. – The Chairperson and
system throughout the country. Members of the Board shall hold office for a term of
three (3) years and until their successors shall have been
ARTICLE III appointed and qualified: Provided, That the Chairperson
Organization of the Board of Nursing and members of the Board may be re-appointed for
Section 3. Creation and Composition of the Board. – another term.
There shall be created a Professional Regulatory Board Any vacancy in the Board occurring within the term of a
of Nursing, hereinafter referred to as the Board, to be Member shall be filled for the unexpired portion of the
composed of a Chairperson and six (6) members. They term only. Each Member of the Board shall take the
shall be appointed by the president of the Republic of the proper oath of office prior to the performance of his/her
Philippines from among two (2) recommendees, per duties.
vacancy, of the Professional Regulation Commission, The incumbent Chairperson and Members of the Board
hereinafter referred to as the Commission, chosen and shall continue to serve for the remainder of their term
ranked from a list of three (3) nominees, per vacancy, of under Republic Act No. 7164 until their replacements
the accredited professional organization of nurses in the have been appointed by the President and shall have
Philippines who possess the qualifications prescribed in been duly qualified.
Section 4 of this Act. Section 7. Compensation of the Board Members. – The
Section 4. Qualifications of the Chairperson and Chairperson and Members of the Board shall receive
Members of the Board. – The Chairperson and Members compensation and allowances comparable to the
of the Board shall, at the time of their appointment, compensation and allowances received by the
possess the following qualifications: Chairperson and members of other professional
(a) Be a natural born citizen and resident of the regulatory boards.
Philippines; Section 8. Administrative Supervision of the Board,
(b) Be a member of good standing of the accredited Custodian of its Records, Secretariat and Support
professional organization of nurses; Services. – The Board shall be under the administrative
(c) Be a registered nurse and holder of a master’s degree supervision of the Commission. All records of the
in nursing, education or other allied medical profession Board, including applications for examinations,
conferred by a college or university duly recognized by administrative and other investigative cases conducted
by the Board shall be under the custody of the recommendations for the adoption of measures that will
Commission. The Commission shall designate the upgrade and improve the conditions affecting the
Secretary of the Board and shall provide the secretariat practice of the nursing profession.
and other support services to implement the provisions Section 11. Removal or Suspension of Board
of this Act. Members. – The president may remove or suspend any
Section 9. Powers and Duties of the Board. – The Board member of the Board after having been given the
shall supervise and regulate the practice of the nursing opportunity to defend himself/herself in a proper
profession and shall have the following powers, duties administrative investigation, on the following grounds;
and functions: (a) Continued neglect of duty or incompetence;
(a) Conduct the licensure examination for nurses; (b) Commission or toleration of irregularities in the
(b) Issue, suspend or revoke certificates of registration licensure examination; and
for the practice of nursing; (c) Unprofessional immoral or dishonorable conduct.
(c) Monitor and enforce quality standards of nursing
practice in the Philippines and exercise the powers ARTICLE IV
necessary to ensure the maintenance of efficient, ethical Examination and Registration
and technical, moral and professional standards in the Section 12. Licensure Examination. – All applicants for
practice of nursing taking into account the health needs license to practice nursing shall be required to pass a
of the nation; written examination, which shall be given by the Board
(d) Ensure quality nursing education by examining the in such places and dates as may be designated by the
prescribed facilities of universities or colleges of nursing Commission: Provided, That it shall be in accordance
or departments of nursing education and those seeking with Republic Act No. 8981, otherwise known as the
permission to open nursing courses to ensure that “PRC Modernization Act of 2000.”
standards of nursing education are properly complied Section 13. Qualifications for Admission to the
with and maintained at all times. The authority to open Licensure Examination. – In order to be admitted to the
and close colleges of nursing and/or nursing education examination for nurses, an applicant must, at the time of
programs shall be vested on the Commission on Higher filing his/her application, establish to the satisfaction of
Education upon the written recommendation of the the Board that:
Board; (a) He/she is a citizen of the Philippines, or a citizen or
(e) Conduct hearings and investigations to resolve subject of a country which permits Filipino nurses to
complaints against nurse practitioners for unethical practice within its territorial limits on the same basis as
and unprofessional conduct and violations of this Act, or the subject or citizen of such country: Provided, That the
its rules and regulations and in connection therewith, requirements for the registration or licensing of nurses in
issue subpoena ad testificandum and subpoena duces said country are substantially the same as those
tecum to secure the appearance of respondents and prescribed in this Act;
witnesses and the production of documents and punish (b) He/she is of good moral character; and
with contempt persons obstructing, impeding and/or (c) He/she is a holder of a Bachelor’s Degree in Nursing
otherwise interfeming with the conduct of such from a college or university that complies with the
proceedings, upon application with the court; standards of nursing education duly recognized by the
(f) Promulgate a Code of Ethics in coordination and proper government agency.
consultation with the accredited professional Section 14. Scope of Examination. – The scope of the
organization of nurses within one (1) year from the examination for the practice of nursing in the Philippines
effectivity of this Act; shall be determined by the Board. The Board shall take
(g) Recognize nursing specialty organizations in into consideration the objectives of the nursing
coordination with the accredited professional curriculum, the broad areas of nursing, and other related
organization; and disciplines and competencies in determining the subjects
(h) Prescribe, adopt issue and promulgate guidelines, of examinations.
regulations, measures and decisions as may be necessary Section 15. Ratings. – In order to pass the examination,
for the improvements of the nursing practice, an examinee must obtain a general average of at least
advancement of the profession and for the proper seventy-five percent (785%) with a rating of not below
and full enforcement of this Act subject to the review sixty percent (60%) in any subject. An examinee who
and approval by the Commission. obtains an average rating of seventy-five percent (75%)
Section 10. Annual Report. – The Board shall at the or higher but gets a rating below sixty percent (60%) in
close of its calendar year submit an annual report to the any subject must take the examination again but only in
President of the Philippines through the Commission the subject or subjects where he/she is rated below sixty
giving a detailed account of its proceedings and the percent (60%). In order to pass the succeeding
accomplishments during the year and making examination, an examinee must obtain a rating of at least
seventy-five percent (75%) in the subject or subjects Provided, however, That the special/temporary permit
repeated. shall be effective only for the duration of the project,
Section 16. Oath. – All successful candidates in the medical mission or employment contract.
examination shall be required to take an oath of Section 22. Non-registration and Non-issuance of
profession before the Board or any government official Certificates of Registration/Professional License or
authorized to administer oaths prior to entering upon the Special/Temporary Permit. – No person convicted by
nursing practice. final judgment of any criminal offense involving moral
Section 17. Issuance of Certificate of turpitude or any person guilty of immoral or
Registration/Professional License and Professional dishonorable conduct or any person declared by the
Identification Card. – A certificate of court to be of unsound mind shall be registered and be
registration/professional license as a nurse shall be issued a certificate of registration/professional license or
issued to an applicant who passes the examination upon a special/temporary permit.
payment of the prescribed fees. Every certificate of The Board shall furnish the applicant a written statement
registration/professional license shall show the full name setting forth the reasons for its actions, which shall be
of the registrant, the serial number, the signature of the incorporated in the records of the Board.
Chairperson of the Commission and of the Members of Section 23. Revocation and suspension of Certificate of
the Board, and the official seal of the Commission. Registration/Professional License and Cancellation of
A professional identification card, duly signed by the Special/Temporary Permit. – The Board shall have the
Chairperson of the Commission, bearing the date of power to revoke or suspend the certificate of
registration, license number, and the date of issuance registration/professional license or cancel the
and expiration thereof shall likewise be issued to every special/temporary permit of a nurse upon any of the
registrant upon payment of the required fees. following grounds:
Section 18. Fees for Examination and Registration. – (a) For any of the causes mentioned in the preceding
Applicants for licensure and for registration shall pay the section;
prescribed fees set by Commission. (b) For unprofessional and unethical conduct;
Section 19. Automatic Registration of Nurses. – All (c) For gross incompetence or serious ignorance;
nurses whose names appear at the roster of nurses shall ADVERTISEMENTS
be automatically or ipso facto registered as nurses under (d) For malpractice or negligence in the practice of
this Act upon its effectivity. nursing;
Section 20. Registration by Reciprocity. – A certificate (e) For the use of fraud, deceit, or false statements in
of registration/professional license may be issued obtaining a certificate of registration/professional license
without examination to nurses registered under the laws or a temporary/special permit;
of a foreign state or country: Provided, That the (f) For violation of this Act, the rules and regulations,
requirements for registration or licensing of nurses in Code of Ethics for nurses and technical standards for
said country are substantially the same as those nursing practice, policies of the Board and the
prescribed under this Act:Provided, further, That the Commission, or the conditions and limitations for the
laws of such state or country grant the same privileges to issuance of the temporarily/special permit; or
registered nurses of the Philippines on the same basis as (g) For practicing his/her profession during his/her
the subjects or citizens of such foreign state or country. suspension from such practice;
Section 21. Practice Through Special/Temporary Provided, however, That the suspension of the certificate
Permit. – A special/temporary permit may be issued by of registration/professional license shall be for a period
the Board to the following persons subject to the not to exceed four (4) years.
approval of the Commission and upon payment of the Section 24. Re-issuance of Revoked Certificates and
prescribed fees: Replacement of Lost Certificates. – The Board may, after
(a) Licensed nurses from foreign countries/states whose the expiration of a maximum of four (4) years from the
service are either for a fee or free if they are date of revocation of a certificate, for reasons of equity
internationally well-known specialists or outstanding and justice and when the cause for revocation has
experts in any branch or specialty of nursing; disappeared or has been cured and corrected, upon
(b) Licensed nurses from foreign countries/states on proper application therefor and the payment of the
medical mission whose services shall be free in a required fees, issue another copy of the certificate of
particular hospital, center or clinic; and registration/professional license.
(c) Licensed nurses from foreign countries/states A new certificate of registration/professional license to
employed by schools/colleges of nursing as exchange replace the certificate that has been lost, destroyed or
professors in a branch or specialty of nursing; mutilated may be issued, subject to the rules of the
Board.
ARTICLE V medications, internal examination during labor in the
Nursing Education absence of antenatal bleeding and delivery. In case of
Section 25. Nursing Education Program. – The nursing suturing of perineal laceration, special training shall be
education program shall provide sound general and provided according to protocol established;
professional foundation for the practice of nursing. (b) establish linkages with community resources and
The learning experiences shall adhere strictly to specific coordination with the health team;
requirements embodied in the prescribed curriculum as (c) Provide health education to individuals, families and
promulgated by the Commission on Higher Education’s communities;
policies and standards of nursing education. (d) Teach, guide and supervise students in nursing
Section 26. Requirement for Inactive Nurses Returning education programs including the administration of
to Practice. – Nurses who have not actively practiced the nursing services in varied settings such as hospitals and
profession for five (5) consecutive years are required to clinics; undertake consultation services; engage in such
undergo one (1) month of didactic training and three (3) activities that require the utilization of knowledge and
months of practicum. The Board shall accredit hospitals decision-making skills of a registered nurse; and
to conduct the said training program. (e) Undertake nursing and health human resource
Section 27. Qualifications of the Faculty. – A member development training and research, which shall include,
of the faculty in a college of nursing teaching but not limited to, the development of advance nursing
professional courses must: practice;
(a) Be a registered nurse in the Philippines; Provided, That this section shall not apply to nursing
(b) Have at least one (1) year of clinical practice in a students who perform nursing functions under the direct
field of specialization; supervision of a qualified faculty: Provided, further,
(c) Be a member of good standing in the accredited That in the practice of nursing in all settings, the nurse is
professional organization of nurses; and duty-bound to observe the Code of Ethics for nurses and
(d) Be a holder of a master’s degree in nursing, uphold the standards of safe nursing practice. The nurse
education, or other allied medical and health sciences is required to maintain competence by continual learning
conferred by a college or university duly recognized by through continuing professional education to be
the Government of the Republic of the Philippines. provided by the accredited professional organization or
In addition to the aforementioned qualifications, the any recognized professional nursing
dean of a college must have a master’s degree in nursing. organization: Provided, finally, That the program and
He/she must have at least five (5) years of experience in activity for the continuing professional education shall
nursing. be submitted to and approved by the Board.
ARTICLE VI Section 29. Qualification of Nursing Service
Nursing Practice Administrators. – A person occupying supervisory or
Section 28. Scope of Nursing. – A person shall be managerial positions requiring knowledge of nursing
deemed to be practicing nursing within the meaning of must:
this Act when he/she singly or in collaboration with (a) Be a registered nurse in the Philippines;
another, initiates and performs nursing services to (b) Have at least two (2) years experience in general
individuals, families and communities in any health care nursing service administration;
setting. It includes, but not limited to, nursing care (c) Possess a degree of Bachelors of Science in Nursing,
during conception, labor, delivery, infancy, childhood, with at least nine (9) units in management and
toddler, preschool, school age, adolescence, adulthood, administration courses at the graduate level; and
and old age. As independent practitioners, nurses are (d) Be a member of good standing of the accredited
primarily responsible for the promotion of health and professional organization of nurses;
prevention of illness. A members of the health team, Provided, That a person occupying the position of chief
nurses shall collaborate with other health care providers nurse or director of nursing service shall, in addition to
for the curative, preventive, and rehabilitative aspects of the foregoing qualifications, possess:
care, restoration of health, alleviation of suffering, and (1) At least five (5) years of experience in a supervisory
when recovery is not possible, towards a peaceful death. or managerial position in nursing; and
It shall be the duty of the nurse to: (2) A master’s degree major in nursing;
(a) Provide nursing care through the utilization of the Provided, further, That for primary hospitals, the
nursing process. Nursing care includes, but not limited maximum academic qualifications and experiences for a
to, traditional and innovative approaches, therapeutic use chief nurse shall be as specified in subsections (a), (b),
of self, executing health care techniques and procedures, and (c) of this section: Provided, furthermore, That for
essential primary health care, comfort measures, health chief nurses in the public health nursing shall be given
teachings, and administration of written prescription for priority. Provided, even further, That for chief nurses in
treatment, therapies, oral topical and parenteral military hospitals, priority shall be given to those who
have finished a master’s degree in nursing and the form of free hospital care for nurses and their
completion of the General Staff Course dependents, scholarship grants and other non-cash
(GSC): Provided, finally, That those occupying such benefits. The government and private hospitals are
positions before the effectivity of this Act shall be given hereby mandated to maintain the standard nurse-patient
a period of five (5) years within which to qualify. ratio set by the Department of Health.

ARTICLE VII ARTICLE VIII


Health Human Resources Production, Utilization and Penal and Miscellaneous Provisions
Development Section 35. Prohibitions in the Practice of Nursing. – A
Section 30. Studies for Nursing Manpower Needs, fine of not less than Fifty thousand pesos (P50,000.00)
Production, Utilization and Development. – The Board, nor more than One hundred thousand pesos
in coordination with the accredited professional (P100,000.00) or imprisonment of not less than one (1)
organization and appropriate government or private year nor more than six (6) years, or both, upon the
agencies shall initiate undertake and conduct studies on discretion of the court, shall be imposed upon:
health human resources production, utilization and (a) any person practicing nursing in the Philippines
development. within the meaning of this Act:
Section 31. Comprehensive Nursing Specialty (1) without a certificate of registration/professional
Program. – Within ninety (90) days from the effectivity license and professional identification card or special
of this Act, the Board in coordination with the accredited temporary permit or without having been declared
professional organization recognized specialty exempt from examination in accordance with the
organizations and the Department of Health is hereby provision of this Act; or
mandated to formulate and develop a comprehensive (2) who uses as his/her own certificate of
nursing specialty program that would upgrade the level registration/professional license and professional
of skill and competence of specialty nurse clinicians in identification card or special temporary permit of
the country, such as but not limited to the areas of another; or
critical care, oncology, renal and such other areas as may ADVERTISEMENTS
be determined by the Board. (3) who uses an invalid certificate of
The beneficiaries of this program are obliged to serve in registration/professional license, a suspended or revoked
any Philippine hospital for a period of at least two (2) certificate of registration/professional license, or an
years and continuous service. expired or cancelled special/temporary permits; or
Section 32. Salary. – In order to enhance the general (4) who gives any false evidence to the Board in order to
welfare, commitment to service and professionalism of obtain a certificate of registration/professional license, a
nurses the minimum base pay of nurses working in the professional identification card or special permit; or
public health institutions shall not be lower than salary (5) who falsely poses or advertises as a registered and
grade 15 prescribes under Republic Act No. 6758, licensed nurse or uses any other means that tend to
otherwise known as the “Compensation and convey the impression that he/she is a registered and
Classification Act of 1989”: Provided, That for nurses licensed nurse; or
working in local government units, adjustments to their (6) who appends B.S.N./R.N. (Bachelor of Science in
salaries shall be in accordance with Section 10 of the Nursing/Registered Nurse) or any similar appendage to
said law. his/her name without having been coferred said degree
Section 33. Funding for the Comprehensive Nursing or registration; or
Specialty Program. – The annual financial requirement (7) who, as a registered and licensed nurse, abets or
needed to train at least ten percent (10%) of the nursing assists the illegal practice of a person who is not lawfully
staff of the participating government hospital shall be qualified to practice nursing.
chargeable against the income of the Philippine Charity (b) any person or the chief executive officer of a judicial
Sweepstakes Office and the Philippine Amusement and entity who undertakes in-service educational programs
Gaming Corporation, which shall equally share in the or who conducts review classes for both local and
costs and shall be released to the Department of Health foreign examination without permit/clearance from the
subject to accounting and auditing Board and the Commission; or
procedures: Provided, That the department of Health (c) any person or employer of nurses who violate the
shall set the criteria for the availment of this program. minimum base pay of nurses and the incentives and
Section 34. Incentives and Benefits. – The Board of benefits that should be accorded them as specified in
Nursing, in coordination with the Department of Health Sections 32 and 34; or
and other concerned government agencies, association of (d) any person or the chief executive officer of a juridical
hospitals and the accredited professional organization entity violating any provision of this Act and its rules
shall establish an incentive and benefit system in the and regulations.
ARTICLE IX
Final Provisions
Section 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.
Section 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.
Section 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.
Section 39. Reparability Clause. – If any part of this Act
is declared unconstitutional, the remaining parts not
affected thereby shall continue to be valid and
operational.
Section 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.
Section 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.

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