The Philippine Nursing Act of 2002 R.A.

9173
Knowledge of this act provides guidance for nurses practicing in the Philippines, providing for a more responsible nursing profession. This also gives the nurses and the public protection from any wrong doings in the nursing profession.

Important Dates:

October 08, 2002 Approval of the House of Senate (Senate Bill No. 2293) October 15, 2002 Approval of Congress (House Bill No. 1084) October 21, 2002 Approved by President Gloria Macapagal-Arroyo

Principal Authors of The Philippine Nursing Act of 2002 R.A. 9173

1. House of Congress: Honorable Carlos Padilla 2. Senate: Honorable Juan Flavier The Philippine Nursing Act of 2002 R.A. 9173 was approved on October 21, 2002 by President Gloria Macapagal-Arroyo

Repealed
Philippine Nursing Act of 1991 R.A. 7164

Provisions that where retained and enriched

Creation and Composition of BON
o

o o o

Retained Procedure on nominations, recommendation, and appointment of Chairman and members. Philippine Nurses Association (PNA) nominates the chairman and members while the President appoints. Enriched Composition of the board. In R.A. 7164 there were only 5 Members while in the R.A. 9173 there is 1 Chairman and 6 members. 2006 Chairman of the Board of Nursing Honorable Carmencita Abaquin Members of the Board of Nursing Honorable Perla Co, Honorable Betty Meritt, Honorable Marco Antonio Sto. Tomas, Honorable Leonila Faire, Honorable Yolanda Arugay, Honorable Amelia Rosales

Qualification of the Chairperson and Members of the Board or Nursing

o o

Retained The 5 major Qualifications. Removed The provision that disqualifies holders of green card or its equivalent. In R.A. 7164, the provision was against the nomination if the nominee is a green card holder. In R.A. 9173, the provision was long as the last 5 years of service was done in the Philippines.

New Provisions Rules on licensure exam with the exclusion of a requirement of the refresher course.
In R.A. 7164, if the exam was taken for 3 times without passing, a refresher course is required. While in R.A. 9173, the taker could have the exam countless times without a refresher course.

Addition of a section: Requirements for nurses who have not actively practiced for 5 consecutive years.
1 month didactic program and 3 months practicum in any hospital accredited to conduct continuing education units

Provision of time frame within which a nurse with a revoked Certificate of Regulation (COR) may seek re-issuance of another Certificate of Regulation/ID card not exceeding 4 years. Revision on the qualifications of the faculty and dean of the College of Nursing. Simplification but comprehensiveness in the scope of nursing practice. Refocusing on continuing professional education with trainings and seminar. Enrichment on the qualifications of Nursing service administrators by giving priority to those with Masters degree in Nursing and general staff course. In R.A. 7164, A Master of Arts in Nursing Major in Nursing Service Administration and 9 units of Management courses is required. Supplementing the article on Health Human Resources, Product Utilization and Development. With sections on salary, comprehensive nursing specialty program, funding on incentives and benefits. Increase of the minimum and maximum fine for those in violation of any of the provision of this act.

An article on final provisions covering the mechanism on the enforcement of this act. This act also repealed Section 23 Article IV of R.A. 7164 that states Applicants desiring to enroll in nursing course must belong to the 40% of the graduating class in general secondary education duly certified by the principal.

Article I Title
Act regulating the practice of nursing in the Philippines for a more responsive nursing profession repealing RA 7164 Philippine Nursing Law 1991

Article II Declaration of Policy

The responsibility to protect and improve the nursing profession, provision of good, human working conditions and a dignified existence in the nursing profession.

Article III Organization of the Board

Creation and composition
The Board of Nursing is composed of one (1) chairman and six (6) members.

Qualifications
o o o o o o o o
Natural born citizen resident of the Philippines Registered Nurse in the Philippines with a Masteral degree Member of good standing of accredited professional organization (PNA) Ten (10) years of experience/nursing practice and the last 5 years should be in the Philippines Not convicted for any unprofessional, unethical or dishonorable conduct Nursing education Nursing practice/service Community Health Nursing

Membership to the board shall represent the 3 areas in nursing

Term of office is 3 years and former board members may be reappointed. Powers and duties
o o o o o o o o
Conduct licensure exam for nurses. Is the essence of the board. Issue, suspend, revoke the certificate of registration. Conduct hearings and investigation to resolve complaints against nurse practitioner. I.E. Unethical conduct and unprofessional conduct. Promulgate the code of ethics in coordination with the accredited professional organization. Prescribe, adopt, issue, promulgate guidelines, regulations necessary for the improvement of nursing profession. Continued neglect of duty (Incompetency) Commission or toleration of irregularities in the licensure exam Unprofessional, unethical, or dishonorable conduct

Removal or suspension of Board members

Article IV Examination and Registration

A written licensure exam for nurses is held two times a year in June and December.

Qualifications
o o o o o o
Citizen of the Philippines With good moral character Holder of Bachelors degree in Nursing Minor Qualifications include Birth Certificate and the OR DR Cases Violations in the rules and regulations, code of ethics, for nurses, technical standards for nursing practice For practicing his or her profession during suspension from such practice

Revocations

Article V Nursing Education

Section 25 Learning experience must abide to the curriculum prescribed by CHED

Sound foundation for the practice of nursing o General foundation

o o o o o

Professional foundation

Implementing rules and regulation provision. Learning outcome is based on two core competencies: o National nursing competencies Universal/Global nursing competencies Setting Learning Experiences o Classroom Hospital Home Health/Welfare agencies

Section 26 Requirements for inactive nurses

One (1) month didactic program and three (3) months practicum.

Section 27 Qualifications for the Faculty and Dean

Faculty

Dean

Must be a registered nurse in the Philippines Must have at least one (1) year of clinical experience in the field of nursing or specialization Is a holder of a Masteral degree in Nursing education or allied medical and health sciences, conferred by the recognized College of Nursing

Must be a registered nurse in the Philippines Is a holder of a Masters Degree in Nursing years of experience in the field of nursing

Article VI Nursing Practice

Section 28 Scope of the Nursing Practice

Changes:

Removal of the phrase fee, salary, reward, or compensation in regards to the provision of service by nurses. Specifying various stages pf developments where nursing care can be implemented Identifying 2 major roles of the nurse: Independent nurse practitioner and Member of the health team Exclusion of steps in the nursing process Allowing the nurse to perform specific procedures. I.E. Suturing perineal laceration (with training) Inclusion of the duty providing health education

Nursing Care Reiterated:

Utilizing traditional and innovative approaches Therapeutic use of self Performing health care techniques and procedures Delivery of Primary Health Care Delivery of comfort measures Communicating health teachings Administration of written prescription for treatment, therapies, and medication

Scope of Nursing Practice

Provision of nursing care through utilization of nursing process Establish linkages with community resources in coordination with the health team Provide health education to individuals, families, and communities. Teach, guide, and supervise students in nursing education program including administration og nursing services (in-service nursing education) Undertake nursing and health human resources, development training

Section 29 Qualifications of the Nursing Service Administrators

Must be a registered nurse in the Philippines Must have 2 years of experience in general nursing service administration Must possess a Bachelors degree in nursing and have 9 units of management courses Member of a good standing, accredited professional organization

Chief Nurse

Changes:

5 years of supervisory or managerial position in nursing Masters degree in nursing

Enriched provision: must possess BSN and 9 units in management Provision that requires a Masteral in Nursing Service administration was removed.

Article VII Health Human Resource Production, Utilization and Development

Section 30 Board of Nursing

Studies for nursing manpower needs, production, utilization and development. The board could coordinate with:

PNA Designing research proposal CHED, ADPCN For curriculum on nursing education, training students, and nurses in academe. DOH, ANSAP, DepEd, PHA For the utilization of nurse DOLE Availment of benefits; improvement of nurses welfare DILG Deployment of nurses or practitioners to the field and strategies for community development PhilHealth Benefits of patient and health care practitioners

Section 31 Comprehensive Nursing Specialty Program

Purpose: To upgrade skills and competence of specialty nurse clinician. Area:

Critical care Oncology Renal Other areas to be determined by the board

Implementing rules and regulations: Provided that those who will avail shall be issued a certificate of completion and is expected to serve Philippine hospitals for at least 2 years of continuous service.

Section 32 Salary
Applicable to government hospitals, RA 6758 Compensation and classification Act of 1989.

Section 33 Funding for the Comprehensive Nursing Specialty Program

Public Nurses or Government Nurses

Target no. of nurses to be trained is 10% or more of the nursing staff of the participating government hospital Annual financial requirement for training chargeable to the income of the following: Philippine Charity Sweepstakes Office (PCSO), Philippine Amusement and Gaming Corporation (PAGCOR). The Department of Health (DOH) approves, provides the criteria and guideline and the availment of the program.

Section 34 Incentive and Benefits

BON shall establish an incentive and benefit system Form of free hospital care (Nurses, dependent, scholarship grants, other non-cash benefits) Government and private hospitals are mandated to maintain the standard nurse patient ratio set by the DOH o Government hospitals 1 nurse : 10 patients

Private Hospitals 1 nurse : 5 patients or 1 nurse : 7 patients

Article VIII Penal and Miscellaneous Provisions

Section 35 Prohibitions in the Practice of Nursing.
A fine of not less than Fifty thousand pesos (P50,000.00) not 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, on the discretion of the court, shall be imposed upon:

To any persons practicing nursing in the Philippines: 1. Without a certificate of registration/professional license and professional identification card or special temporary permit or without having been declared exempt from examination

2. 3. 4. 5. 6. 7.

Uses as his own certificate of registration/professional license and professional identification card or special temporary permit of another person If the person uses an invalid certificate of registration/professional license, a suspended or revoked certificate of registration/professional license, or an expired or canceled special/temporary permit If the person gives any false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit Falsely poses or advertises as a registered and licensed nurse or uses any other means that tend to convey the impression that he is a registered and licensed nurse appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar appendage to his name without having been conferred said degree or registration As a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing

Any person or the chief executive officer of a judicial 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 A person or employer of nurses who violates the minimum base pay of nurses and the incentives and benefits that should be accorded them as specified in Sections 32 and 34 A 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

Section 36 Enforcement of this Act
It is the primary duty of Professional Regulation Commission and the Board of Nursing to implement this Act. assistance shall be given by agencies upon the request of the Commission or the Board.

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.