Comparative Table of R.A. 7164 & R.

A 9173
R.A. 7164 R.A. 9173

Title
Sec. 1 Title, Philippine Sec. 1 Title, Philippine Nursing Act of 1991 Nursing Act of 2002

Composition of the
Board
R.A. 7164
Sec. 3 Name and

R.A. 9173
Sec. 3 Creation and

Composition of the Board, there shall be created a Board of Nursing composed of: * a Chairman * 4 members

Composition of the Board, there shall be created a Professional Regulatory Board of Nursing composed of: * a Chairperson * 6 members

 Note: the selection process for both laws are done by nomination, screening, recommendation and appointment

Qualifications
R.A. 7164
Sec. 4

R.A. 9173
Qualifications of the Chairperson and Members of the Board
a

Sec. 5 Qualification of Board

Members

.) be a natural born citizen and resident of the Philippines

a.) be a citizen and a resident of the Philippines b.) RN & holder of Masters Degree in Nursing c.) have at least 10 yrs of continuous practice of the profession prior to the appointment d.) not be a holder of a green card or its equivalent

c.) RN & holder of Masters Degree in Nursing, Education or other allied medical profession
d.) have at least 10 yrs of continuous practice of the profession prior to appointment: Provided, however, that the last 5 years of which shall be in the Philippines ** not specified Provided, that the membership to the Board shall represent 3 areas of nursing, namely: nursing education, nursing service & community health nursing

 Note: although not specified, subparagraph (d) of 7164 is already incorporated in subparagraph (a) of 9173

Powers and Duties of the Board

R.A. 7164 Sec. 4 Powers and Duties of the Board e.) The authorization to open colleges of nursing shall be based upon the favorable written recommendation of both the Board and the Department of Education, Culture and Sports R.A. 9173
Sec. 9

Powers and Duties of the Board

d.)

The authority to open and close colleges

of nursing and/or nursing education programs shall be vested on the Commission on Higher Education upon the written recommendation of the Board f.) Promulgate a Code of Ethics in coordination and consultation with the accredited professional organization of nurses within 1 year from the effectivity of this Act

 Note: as previously discussed, the Fil. Nurses Code of Ethics was effected Oct 23, 2003, a year after the effectivity of 9173

Removal
R.A. 7164
Sec. 9 Removal of Board Members
The President may remove any member of the Board on the following grounds after giving the member concerned an opportunity to defend himself or herself in a proper administrative investigation to be conducted under the supervision and control of the Department of Justice, upon instruction of the President

R.A. 9173 Sec. 11 Removal or Suspension of Board Members The President may remove or suspend any member of the Board after having been given the opportunity to defend himself/herself in a proper administrative investigation

Examination Requirements
R.A. 7164
Sec. 13 Qualification of applicants
b.) He or she is at least 18 yrs of age: Provided That any underage applicant who successfully passes the examination shall not be permitted or licensed to practice nursing until he or she shall have reached the age of majority

R.A. 9173
Sec. 13 Qualifications for Admission to the Licensure Examination **not mentioned

Rating in Examination
R.A. 7164
Sec. 16 Rating in the Examination
*Average = 75% *No grade below 60% in any subject If failed: *Must obtain at least 75% on repeated subject *May retake up to 3 times After 3 retakes: *No longer allowed to take unless he/she has undergone a refresher course

R.A. 9173
Sec. 15 Ratings
*Average = 75% *No grade below 60% in any subject If failed: *Must obtain at least 75% on repeated subject *May retake within 2 yrs After 2 years: *Declared as failed and will have to retake the whole examination

Reciprocity
R.A. 7164 Sec. 19 Registration by Reciprocity
Certificates of registration may be issued without examination to nurses registered under the laws of any foreign country

R.A. 9173 Sec 20 Registration by Reciprocity

A certificate of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state or country

Revocation or Suspension of Certificate

R.A. 7164
Sec. 21 Revocation and suspension of Certificate b.) unprofessional/unethical conduct c.) gross incompetence & serious ignorance d.) malpractice or negligence in the practice of nursing

R.A. 9173
Sec. 23 Revocation and Suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit b.) unprofessional/unethical conduct c.) gross incompetence & serious ignorance d.) malpractice or negligence in the practice of

R.A. 7164 *fraud, deceit, or false statements in obtaining a certificate of registration

R.A. 9173
Nursing e.) fraud, deceit, or false statements in obtaining a certificate of registration f.) violation of this Act, Code of Ethics for Nurses, standards & policies of the Board & Commission g.) practicing profession during suspension
Provided, suspension shall be for a period not to exceed 4 years

Qualification of Faculty Members

R.A. 7164
Sec. 26 Qualifications of the Faculty
c.) Have at least 3 years of clinical practice in a field of specialization For the Dean: 3 yrs experience in teaching/supervision in nursing education and preferably a Masters Degree in Administration and Supervision of Nursing Education Programs

R.A. 9173
Sec. 27 Qualifications of the Faculty
b.) Have at least 1 year of clinical practice in a field of specialization For the Dean: a Masters Degree in Nursing and must have at least 5 yrs of experience in nursing

Prohibitions
R.A. 7164 Sec. 30 Prohibitions in the Practice of Nursing
A fine of not less than Php10,00.00 nor more than Php40,000.00 or imprisonment of not less than 1 year nor more than 6 years

R.A. 9173 Sec. 35 Prohibitions in the Practice of Nursing

A fine of not less than Php50,00.00 nor more than Php100,000.00 or imprisonment of not less than 1 year nor more than 6 years