RA 9173 is

Philippine
Nursing Act of
2002
 Bits of Info about RA 9173
 Senate Bill # 2292
 Signed on Oct 21, 2002 by Pres Arroyo
 Purpose: new law that will regulate the
education, training, examination, registration,
and practice of the nursing profession
 According to Flavier: the bill seeks to balance
between ensuring availability of globally
competitive nurses in the Philippines for the
Filipinos without depriving their right to earn a
comfortable life abroad
 Background Information
Increase Demand Increase in number of
Rise in enrollment rate
For Nurses Abroad schools and universities

Need for a more

High Percentage of
Responsive
Nursing Graduates
Leave the country
for work
Nursing Profession
Act
RA 9173
 Definition of Terms
 Natural Born Citizen—those who are citizens
of the Philippines 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
ARTCLE 1
 Title

ARTICLE 2
 Declaration of Policy
ARTICLE 3
Organization of the Nursing Board
 Composition

 Qualifications

 Term of Office

 Compensation

 Administrative Supervision of the Board,

Custodian of its Records, Secretariat and
Support Services
 Powers and Duties of the Board

 Annual Report

 Removal or Suspension of Board Members

ARTICLE 4
Examination and Registration
 Licensure Examination
 Scope
 Ratings
 Oath
 Issuance of License
 Fees for Exam and Registration
 Automatic Registration of Nurses
 Registration by Reciprocity
 Practice through Special/Temp Permit
 Non Registration and Non-issuance of Certificates
of Registration
 Revocation and Suspension of Certificate
 Re-issuance of Revoked Certificates and
Replacement of Lost Certificates
ARTICLE 5
Nursing Education
 Nursing Education Program
 Requirement for Inactive Nurses Returning
to Practice
 Qualifications of Faculty

ARTICLE 6
Nursing Practice
 Scope
 Qualifications of Nursing Service
Administrators
ARTICLE 7
Health Human Resource Production,
Utilization and Development
 Studies for Manpower needs, production,
utilization and development
 Comprehensive nursing specialty program
 Salary
 Funding for the Comprehensive Nursing
Specialty Program
 Incentive and Benefits

ARTICLE 8
Penal and Miscellaneous Provisions
 Prohibitions in the practice of nursing
ARTICLE 9
Final Provisions
 Enforcement of this Act

 Appropriations

 Rules and Regulations

 Separability Clause

 Repealing Clause

 Effectivity
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
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
 COMPARISON OF THE
SALIENT DIFFERENCES of
RA 7154 and RA 9173
 RA 7164 RA 9173
Title Phil Nursing Act of Phil Nursing Act of
1991 2002

Author/Sponsors Sen Ed Angara Sen Juan Flavier,

Manuel Villar, Loren
Legarda

Nursing Board Chairman plus 4 Chairperson and 6

Composition members from 12 members appointed
nominees to be by Pres from 2
appointed by recommendations
President per vacancy of PRC
as chosen from 3
nominees per
vacancy of APO
 RA 7164 RA 9173
Qualifications of Citizen and resident; Natural born citizen
the Board Members member with good and resident; member
standing of accredited with good standing of
national nurses APO; RN Master’s
association; RN with degree nursing, Educ,
Master’s in Nursing; other allied medical
not a holder of green provided chairperson
card or equiv; no and majority of
history of being members have
convicted of any Masteral in Nursing; at
offense involving least 10yrs continuous
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
 RA 7164
Specific Licensure exam (within 120
Duties days submit the exam results
to the President for release
and publication); issue,
suspend, revoke certificates
of registration; recommend
along with DECS the opening
of nursing related facilities
ensuring standards; require
RN who graduated from state
colleges and universities one
year of nursing service to
Phils before going abroad;
investigate violations of the
act –summons, subpoena,
power of contempt; study
conditions affecting nursing
practice and promulgate
decisions and measures for
improvement of nursing
RA 9173
Licensure exam; issue,
suspend, revoke
certificates of registration;
recommend to CHED the
opening and closure of
nursing related facilities
thus ensuring quality
education; conduct
investigations and hearings
against violation of the act
—subpoena ad
testificandum, subpoena
duces tecum, punish with
contempt; promulgate
Code of Ethics with APO
within one year of
effectivity of the act;
recognize nursing specialty
organizations in
coordination with APO;
 RA 7164 RA 9173
Removal of President remove: President suspend or
Board Members Continuous Negligence; remove:
incompetence; toleration Continuous
of irregularities in the Negligence;
exams; unprofessional incompetence;
conduct toleration of
irregularities in the
exams; unprofessional
conduct

Exam Citizen or citizen/subject Citizen or

Requirements of other countries on citizen/subject of other
virtue of reciprocity; at countries on virtue of
least 18 y/o; good reciprocity; good
health; good moral moral character; BSN
character; BSN holder holder from a college
recognized by or university that
appropriate agency complies with the
*belong to upper 40% of standards of nursing
graduating class in education recognized
 RA 7164 RA 9173
Rating/ at least 75% general at least 75% general
Passing average without a rating average without a rating
below 60% in any subject; below 60% in any subject;
if average at least 75% but if average at least 75%
with a grade of below 60% but with a grade of below
then retake the subject(s) 60% in one or more
and grade should be at subjects then retake the
least 75%; subject(s) and grade
If a person failed 3 exams, should be at least 75%
he/she will no longer be *Removal exam shall be
allowed to take another taken within 2 years after
exam unless he/she enrolls last failed exam
in a refresher course

Returning Required 1 mo didactic

Nurses training and 3 mos
practicum for inactive
nurses of >5 yrs
 RA 7164
Revocation Grounds: unprofessional
and and unethical conduct;
Suspension of gross incompetence and
serious ignorance;
Certificates
malpractice; negligence
Qualifications Citizen, RN, at least 3yrs
of Faculty clinical practice in a field of
specialization, member of
accredited national nurses
association, Master’s in
Nursing or other related
fields conferred by the
university duly recognized
by govt
RA 9173
Grounds: unprofessional and
unethical conduct; gross
incompetence and serious
ignorance; malpractice;
negligence; fraud, deceit in
obtaining a license; violation of
the act and/or Code of Ethics for
nurses, and other policies;
practicing nursing during
suspension from such practice
* suspension for a period not
exceeding 4 years
RN, at least 1 yr of clinical
practice, member with good
standing APO, Master’s in
Nursing, education, or other
allied medical conferred by
university duly recognized by
govt
 RA 7164 RA 9173

QualificationsSame as faculty Same as faculty plus:

of the Dean plus: Master’s in Nursing, at least
At least 3yrs 5yrs of experience in nursing
experience in
teaching and
supervision in
nursing
education;
preferably must
have a Master’s in
Admin
Qualifications Priority in appointment
of Nursing a)Chief Nurse in Public Health
Service Agency – Master’s in
Administrato PH/Community Nursing
rs b)Chief Nurse in Military
Hospital – Master’s in Nursing
with General Staff
 RA 7164 RA 9173

Comprehensive for upgrading level of

Nursing Specialty skills and competency
Program of specialty nurse
clinicians; 2 years
“return service”
required; funding by
PCSO and PAGCOR

Salary and not lower than Salary

Benefits Grade 15; free
hospital care for nurse
and dependents;
scholarship grants
 RA 7164 RA 9173
Prohibitions Fine of not less than 10K Fine of not less than 50K nor
/Fines nor more than 40K or more than 100K or
imprisonment of not less imprisonment of not less than 1
than 1 year nor more year nor more than 6 years or
than 6 years or both for: both for:
a) any person practicing a) any person practicing nursing
nursing in the Phils in the Phils without a valid
without a valid certificate and as a RN assists
certificate the practice of a person who is
b) any person who not lawfully qualified to practice
undertakes in service nursing
educational programs or b) any person who undertakes in
review classes for both service educational programs or
local and foreign exams review classes for both local and
without permits foreign exams without permits
c) any person on person or employer of nurses
violation of the act 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 T. Dascil, ESQ
and David Robert C. Aquino
 http://www.scribd.com/doc/5486056/RA-
 “Professional Nursing in the
Philippines 10th Ed” by Lydia M.
Venzon RN,MAN,FPCHA and Ronald
M. Venzon, RN,MAN
Thank you very much!

Prepared by: Peter Paul V Tuzon