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RA 9173 Report

Definition Of Terms

Natural Born Citizen—those who are citizens of the Phils from birth w/o
having to perform any act to acquire or perfect their citizenship

Resident— a person living in the country or a person that has an


intention of returning to the country, even though based or living
abroad or has not severed his local residence as his place of domicile.

Moral Turpitude—is anything which is done contrary to justice,


honesty, modesty, or good morals, or any act that is considered as
vile, base or depraved contrary to the accepted rule of right and duty
between man and his fellow man

Conflict of Interest—one is not allowed to directly or indirectly practice


any other profession, participate in any business, or be financial
interested in any contract with, or in any franchise, or special privilege
granted by the government or any other subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.

Term of Office—denote the period during which an appointee is


entitled to hold office

Subpoena duces tecum—compel the production of certain specific


documents and other items, material and relevant facts in issue in a
pending proceeding, which documents and items are in custody and
control of person or body served with process

Subpoena ad testificandum—command issued by a governing body to


a person to appear and give testimony upon a certain matter

Contempt—willful disregard or disobedience of a public authority

Removal—forcible and permanent separation of the incumbent from


office before the expiration of his term

Suspension—temporary withdrawal or cessation from employment

Reciprocity—a term used to denote the relation existing between two


sovereign states when each of them gives the subjects of the other
state certain privileges, on condition that its own subjects shall enjoy
similar privileges at the hands of the other state
Accredited Professional Organization—that which has been given
official and formal recognition and authority to act as such by the
appropriate government agency.

ARTCLE 1
Section 1. Title Phil Nursing Act of 2002

• This law repealed RA 7164


• Repeal is more appropriate than introducing line by line
amendments because it would have been a tedious process if
articles and sections are individually amended.
• House of Representatives has already passed their version which
was also a repeal of the old law
• Senator Angara, the principal author of RA 7164 agreed to the
repeal and he said that the changes made would modernize the
Nursing profession

ARTICLE 2
Section 2. Declaration of Policy

• Policy of the state to assume responsibility for the protection and


improvement of the nursing profession
• State guarantees the delivery of quality basic health services
through an adequate nursing personnel system throughout the
country

ARTICLE 3
Organization of the Nursing Board

Section 3. Creation and Composition of the Board

• Creation of the Board of Nursing with 6 members and the


chairperson to conduct supervisory and regulatory functions
representing three areas of nursing namely: nursing education,
nursing service and community health nursing
• The increase was deemed necessary because of the large
increase in the number of nurses, students and nursing schools.
• Submission of names of qualified nominees by APO to the
Commission 3 nominees per vacancy not later than 3 months
before the vacancy
• The Commission submits to the Office of the President 2
nominees per vacancy not later than 2 months before the
vacancy occurs. The appointment must be issued not later than
30 days before the scheduled licensure exam
Section 4. Qualifications

• Natural born resident and resident of the Phils


• Member of good standing of the APO of nurses
• RN and a holder of Master’s in Nursing , Education or other Allied
Medical Profession provided majority of members shall be
holders of Master’s in Nursing and the Chairperson shall be a
holder of Master’s in Nursing
• At least 10 years continuous practice prior to appointment
provided the last 5 years of which is in the Phils
• Not have been convicted of any offense involving moral turpitude

Section 5. Requirements Upon Qualification as Member of the Nursing


Board

• Any member shall not have any pecuniary interest or


administrative supervision over any institution (public or private)
offering Bachelor of Science in Nursing including review classes

Section 6. Term of Office

• Three years term provided successors have been appointed and


qualified
• Can be reappointed for another term
• Vacancy shall be filled only for the unexpired term

Section 7. Compensation

• Based on the salary grades provided for by the Salary


Standardization Law

Section 8. Administrative Supervision of the Board, Custodian of its


Records, Secretariat and Support Services

• Board is under the admin supervision of PRC


• All records of Board shall be under custody of PRC
• PRC shall designate the Secretary of the Board and shall provide
the secretariat and other support services to implement the
provisions of RA 9173

Section 9. Powers and Duties of the Board

• Conduct Licensure exam


• Issue, suspend, revoke certificates of registration
• Monitor and enforce quality standards of nursing practice in the
Phils
• Ensure quality education by making recommendations to CHED
on the opening and closure of nursing schools
• Conduct hearings and investigations to resolve complaints
against nurse practitioners for unethical and unprofessional
conduct and violations of the Act
• Issue subpoena ad testificandum, subpoena duces tecum and
punish with contempt persons impeding proceedings upon
application with the appropriate judicial body having jurisdiction
of the case
• Promulgate a Code of Ethics in coordination with APO within 1
year from effectivity
• Recognize nursing specialty orgs in coordination with APO
• Prescribe, adopt, issue and promulgate guidelines for the
improvement of nursing practice

Section 10. Annual Report

• Annual Report at the end of the calendar year submitted by the


Board to the President of the Phils through PRC
• The report is to give a detailed account of its proceedings and
accomplishments during the year and to also make
recommendations for improvements of nursing profession

Section 11. Removal or Suspension of Board Members

• Continued neglect of duty or incompetence


• Commission or toleration of irregularities in the licensure exam
• Unprofessional, immoral or dishonorable conduct

ARTICLE 4
Examination and Registration

Section 12. Licensure Examination

• All applicants for license of practice of Nursing shall be required


to pass a licensure exam which shall be given by the Board
• PRC shall administer and conduct licensure exam
• PRC designates the place and time of the exam

Section 13. Qualification for Admission to the Licensure Exam


• Citizen/subject of a country which permits Filipino nurses to
practice within its territorial limits on the same basis as the
subject or citizen of such country provided the reqts for licensing
in said country are substantially the same as those prescribed in
the Act
• Good moral character
• Graduate of BSN that complies with standards of nursing
education duly recognized by the proper govt agency

Section 14. Scope of Exam

• To be determined by the Board


• Board should take into consideration the objectives of the
nursing curriculum, broad areas of nursing and other related
disciplines and competencies

Section 15. Ratings

• Regular Passer—someone who obtains a general average of at


least 75% with a rating not below 60% in any subject
• Conditional Passer—a general average of at least 75% but gets a
rating below 60% in one or more subjects.
• Conditional Passer is required to take the subjects failed and
must have a rating of at least 75% in the subject(s) repeated

Section 16. Oath

• All successful candidates shall be required to take an oath of


profession before the Board or any govt official authorized prior
to entering upon the nursing practice

Section 17. Issuance of License

• Successful candidate(passer) upon payment of prescribed fees


and proper application procedures
• Certificate of registration shall show full name, serial number,
signature of Chairperson of PRC and members of the Boards and
official seal of PRC
• Professional license card shall show full name, license number,
date of issuance and expiration, date or registration and the
signature of Chairperson of PRC

Section 18. Fees for Exam and Registration

• Prescribed by PRC
Section 19. Automatic Registration of Nurses

• All nurses whose names at the roster of nurses shall be


automatically registered as nurses under this Act upon its
effectivity

Section 20. Registration by Reciprocity

• A certificate of registration may be issued without examination to


nurses registered under the laws of a foreign state provided that
the reqts for registration is substantially the same as those
prescribed under this Act and that the laws of such state grant
the same privileges to registered nurses of the Phils on the same
basis as the subjects of such foreign state.

Section 21. Practice through Special/Temp Permit

• Licensed nurses from foreign states whose service are either for
a free or fee if they are internationally well known or experts in a
nursing specialty
• Licensed nurses from foreign states n medical mission (free
services)
• Licensed nurses from foreign states employed by nursing schools
as exchange professors in a nursing specialty
• Special and Temp Permit effective only for the duration of the
contract/project/medical mission
• Board issues Temp permit upon approval and payment of fees

Section 22. Non-Registration and Non-issuance of Certificates of


Registration/License/Special or Temp Permit

• Convicted by final judgment of any criminal offense involving


moral turpitude
• Unsound mind

Section 23. Revocation and Suspension of Certificate

• For any of the causes mentioned in the preceding section


• Unprofessional and unethical conduct
• Gross incompetence or serious ignorance
• Malpractice or negligence in the practice of nursing
• Use of fraud, deceit, or false statements in obtaining a
certificate
• For violation of this Act, Code of Ethics for nurses and technical
standards of nursing practice, policies of Board and PRC, or the
conditions and limitations for the issuance of the
temporary/special permit
• For practicing profession during suspension provided that
suspension of certificate shall be for a period not to exceed 4
years

Section 24. Re-issuance of Revoked Certificates and Replacement of


Lost Certificates

• After the expiration of maximum of 4 years from date or


revocation when the cause has disappeared or has been cured
and corrected and upon proper application and payment of fees
• Lost, destroyed, mutilated certificates are replaced subject to
rules of the Board

ARTICLE 5
Nursing Education

Section 25.Nursing Education Program

• The program shall provide sound general and professional


foundation of practice of nursing
• The learning experiences shall adhere strictly to specific reqts
embodied in the prescribed curriculum as promulgated by CHED
policies and standards of nursing education

Section 26. Requirement for Inactive Nurses Returning to Practice

• For inactive nurses for 5 consecutive years, they are required to


undergo 1 month didactic training and 3 months practicum.
• The Board shall accredit hospitals to conduct the training

Section 27. Qualifications of Faculty

• RN in the Phils
• At least one year clinical experience
• Member of good standing in the APO
• Master’s degree in Nursing, education or other allied medical
• In addition to the aforementioned qualifications, the dean of a
nursing school must have a Master’s degree in Nursing and
should have at least 5 years of experience in Nursing
ARTICLE 6
Nursing Practice

Section 28. Scope of Nursing

• A person is practicing nursing if he/she initiates and performs


nursing services to individuals, families and communities in any
health care setting
• It includes but not limited to nursing care during conception,
labor, delivery, infancy, childhood, toddler, pre –school, school
age, adolescence, adulthood and old age
• Independent functions—promotion of health and prevention of
illness
• Collaborative with other HCP for curative, preventive and
rehabilitative aspects of care, restoration of health, alleviation of
suffering and when recovery not possible, towards a peaceful
death.
• Duty of the nurse to utilize nursing process, establish linkages
with community, coordinate with the health team, provide health
education, teach, guide and supervise students, undertake
consultation services undertake nursing and health human
resource development training and research
• Nursing care includes: traditional and innovative approach ,
therapeutic use of self, executing health care techniques and
procedures, essential primary health care, comfort measures,
health teachings, and administration of written prescription of
treatment, therapies, oral, topical and parenteral medications,
internal examination during labor in the absence of antenatal
bleeding and delivery.
• Suturing of perineal laceration needs special training

Section 29. Qualifications of Nursing Service Administrators

• RN in the Phils
• At least 2 years experience in general nursing service
administration
• BSN with at least 9 units in management and administration
courses at the graduate level
• Member of good standing of APO
• In addition to the foregoing qualifications, a chief nurse shall
have at least 5 years of experience in a supervisory/managerial
position in nursing and a Master’s in Nursing
• For primary hospitals the maximum academic qualifications and
experiences for a chief nurse shall be RN in the Phils, at least 2
years experience in general nursing service admin, and BSN with
at least 9 units in management and admin courses at graduate
level
• Nurses with Master’s in Public Health/Community Health Nursing
will be prioritized for the chief nurse position in public health
agencies
• Nurses with Master’s and have completed GSC (General Staff
Course) will be prioritized for the chief nurse position in military
hospitals
• Chief Nurses occupying such positions that have not satisfied the
qualifications will be given 5 years within which to qualify

ARTICLE 7
Health Human Resource Production, Utilization and Development

Section 30. Studies for Manpower needs, production, utilization and


development

• The Broad in coordination with APO and other appropriate


agencies shall initiate, undertake and conduct studies on health
human resource production, utilization and development

Section 31. Comprehensive Nursing Specialty Program

• Within 90 days from effectivity of the Act


• It would upgrade level of skill and competence of specialty nurse
clinicians in the country
• The beneficiaries of this program are obliged to serve in any Phil
hospital for a period of at least 2 years of continuous service

Section 32. Salary

• Minimum base pay for nurses in public health institutions shall


not be lower than salary grade 15

Section 33. Funding for the Comprehensive Nursing Specialty Program

• The funding shall be chargeable against the income of PCSO and


PAGCOR
• DOH will subject the funds to accounting and auditing
procedures and shall set the criteria for the availment of this
program

Section 34. Incentive and Benefits


• The Board in coordination with APO, hospitals and appropriate
agencies shall establish an incentive and benefit system in the
form of free hospital care for nurses and their dependents,
scholarship grants and other non-cash benefits
• Government and private hospitals are mandated to maintain the
standard nurse to patient ratio of 1:20 for general ward and 1:1
for ICU

ARTICLE 8
Penal and Miscellaneous Provisions

Section 35.Prohibitions in the Practice of Nursing

• Fine of not less than 50K pesos nor more than 100K pesos or
imprisonment of not less than 1 year nor more than 6 years or
both
• Grounds include persons who practice without valid
certificate/license/permit; RN’s who assists the illegal practice of
person who is not lawfully qualified to practice Nursing; any
person who undertakes in-service educational programs or who
conducts review classes for both local and foreign exams without
proper permits or clearance; any person who violate minimum
base pay or nurses and incentives and benefits that should be
accorded to them; any person violating any provision of this Act

ARTICLE 9
Final Provisions

Section 36. Enforcement of this Act

• Primary duty of PRC and the Board with the help of other
agencies

Section 37. Appropriations

• Chairman or PRC shall immediately include in its program and


issue rules and regulations to implant the provisions of this Act

Section 38. Rules and Regulations

• Within 90 days after effectivity, the Board, PRC and other


appropriate agencies shall formulate rules and regulations
necessary to carry out the provisions of this Act
• The IRR shall be published in the Official Gazette or in any
newspaper
Section 39. Separability Cause

• If any part is declared unconstitutional, the other parts not


affected thereby shall continue to be valid and operational

Section 40. Repealing Clause

• RA 7164 is hereby repealed

Section 41. Effectivity

• Takes effect 15 days upon its publication in the Official Gazette


or in any 2 newspapers of general circulation in the Phils
RA 7164 RA 9173
Title Phil Nursing Act of 1991 Phil Nursing Act of 2002
(11/21) (10/21)
Authors/Sponso Sen Edgardo Angara Sen Juan Flavier, Manny
rs Villar, Loren Legarda
Nursing Board Chairman and 4 Chairperson and 6
members from 12 members appointed by
nominees to be Pres from 2
appointed by the recommendations per
President vacancy of PRC chosen
from 3 nominees per
vacancy of APO
Qualifications Citizen and resident; Natural born citizen and
of the Board member with good resident; member with
Members standing of accredited good standing of APO; RN
national nurses Master’s degree Nursing,
association; RN with Educ, other allied medical
Master’s in Nursing; not provided chairperson and
a holder of green card or majority of members have
equiv; no history of being Masteral in Nursing; at
convicted of any offense least 10yrs continuous
involving moral turpitude practice (last 5 years here
in Phils); not convicted of
offense involving moral
turpitude…members will
represent 3 areas of
nursing—education,
service, community health
Power of the Supervise and regulate Supervise and regulate
Board practice of nursing practice of nursing
profession profession
Specific Duties Licensure exam (within Licensure exam; issue,
120 days submit the suspend, revoke
exam results to the certificates of registration;
President for release and recommend to CHED the
publication); issue, opening and closure of
suspend, revoke nursing related facilities
certificates; recommend thus ensuring quality
along with DECS the education; conduct
opening of nursing investigations and
related facilities ensuring hearings against violation
standards; require RN of the act—subpoena ad
who graduated from testificandum, subpoena
state colleges and duces tecum, punish with
universities one year of contempt; promulgate
nursing service to Phils Code of Ethics with APO
before going abroad; within one year of
investigate violations of effectivity of the act;
the act –summons, recognize nursing
subpoena, power of specialty organizations in
contempt; study coordination with APO;
Removal of conditions affecting adopt measures to
Board nursing practice and improve nursing practice
Members promulgate decisions
and measures for
improvement of nursing President suspend or
practice remove:
President remove: Continuous Negligence;
Continuous Negligence; incompetence; toleration
incompetence; toleration of irregularities in the
of irregularities in the exams; unprofessional
exams; unprofessional conduct
conduct

Exam Citizen or citizen/subject Citizen or citizen/subject


Requirements of other countries on of other countries on
virtue of reciprocity; at virtue of reciprocity; good
least 18 y/o; good health; moral character; BSN
good moral character; holder from a college or
BSN holder recognized university that complies
by appropriate agency; with the standards of
nursing education
*belong to upper 40%of recognized by appropriate
graduating class in govt agency
secondary school as
certified by school before
one can enroll in Nursing
course
Rating/Passing at least 75% general at least 75% general
average without a rating average without a rating
below 60% in any below 60% in any subject;
subject; if average at least 75%
if average at least 75% but with a grade of below
but with a grade of 60% in one or more
below 60% then retake subjects then retake the
the subject(s) and grade subject(s) and grade
should be at least 75%; should be at least 75%
If a person failed 3 *Removal exam shall be
exams, he/she will no taken within 2 years after
longer be allowed to take last failed exam
another exam unless
he/she enrolls in a
refresher course

Returning Required 1 month didactic


Nurses training and 3 mos
practicum for inactive
nurses for a period of 5
yrs or more
Revocation and Grounds: unprofessional Grounds: unprofessional
Suspension of and unethical conduct; and unethical conduct;
Certificates gross incompetence and gross incompetence and
serious ignorance; serious ignorance;
malpractice; negligence malpractice;
negligence; fraud, deceit
in obtaining a license;
violation of the Act and/or
Code of Ethics and other
policies; practicing nursing
during suspension
* suspension for a period
not exceeding 4 years
Qualifications Citizen, RN, at least 3yrs RN, at least 1 yr of clinical
of Faculty clinical practice, member practice, member with
of accredited national good standing APO,
nurses association, Master’s in Nursing,
Master’s in Nursing or Education, or other allied
other related fields medical conferred by
conferred by the university duly recognized
university duly by govt
recognized by govt
Qualifications Same as faculty plus: Same as faculty plus:
of the Dean At least 3yrs experience Master’s in Nursing, at
in teaching and least 5yrs of experience in
supervision in nursing nursing
education; preferably
must have a Master’s in
admin
Qualifications
of Nursing Priority in appointment
Service a)Chief Nurse in Public
Administrators Health Agency – Master’s
in PH/Community Nursing
b)Chief Nurse in Military
Hospital – Master’s in
Nursing with General Staff
Course(GSC)

Comprehensive
Nursing for upgrading level of
Specialty skills and competency of
Program specialty nurse clinicians;
2 years “return service”
required; funding by PCSO
and PAGCOR
Salary and
Benefits not lower than Salary
Grade 15; free hospital
care for nurse and
dependents; scholarship
grants
Prohibitions/Fin Fine of not less than 10K Fine of not less than 50K
es nor more than 40K or nor more than 100K or
imprisonment of not less imprisonment of not less
than 1 year nor more than 1 year nor more than
than 6 years or both for: 6 years or both for:
a)any person practicing a)any person practicing
nursing in the Phils nursing in the Phils
without a valid certificate without a valid certificate
b)any person who and as a RN assists the
undertakes in-service practice of a person who
educational programs or is not lawfully qualified to
review classes for both practice nursing
local and foreign exams b)any person who
without permits undertakes in-service
c)any person on violation educational programs or
of the Act review classes for both
local and foreign exams
without permits
c)any person or employer
of nurses who violate the
minimum base pay of
nurses and the incentives
and benefits
d)any person on violation
of the act

References: “The Philippine Nursing Act of 2002 EXPLAINED” by


Rodelio Dascil, David Robert Aquino
http://www.scribd.com/doc/5486056/RA-9173-Philippine-Nursing-Act-of-
2002
“Professional Nursing in the Philippines 10th Ed” by Lydia M. Venzon
RN,MAN,FPCHA and Ronald M. Venzon, RN,MAN

Prepared by : Peter Paul Tuzon

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