THE PHILIPPINE NURSING ACT OF 2002

RA 9173 - An act providing for a more responsive nursing profession, repealing for the purpose RA 7164 known as the “Phil. Nursing Act of 1991 and for other purposes. This act shall be known as the “Phil. Nursing Act of 2002”

ARTICLE I

TITLE

Section 1. Title - This act shall be known as the “Phil. Nursing Act of 2002”

Sec 2. Declaration of Policy 

1.      relevant nursing education,

2.      humane working conditions,

3.      better career prospect

4.      and a dignified existence of our nurses.

(BON Res. 425 s. 2003 IRR of RA 9173 – state hereby guarantees the delivery of quality basic health services thru an adequate nursing personnel system throughout the country.)

ARTICLE III

ORGANIZATION OF THE BOARD OF NURSING

Sec 3. Creation and Composition of the Board

A chairperson and six members, appointed by the President of the Republic of the Philippines

Sec 4. Qualifications

1.      Natural born citizen;

2.      Member of good standing of the accredited professional organization for nurses;

3.      RN, MAN, MA Education or other allied profession from universityduly recognized    by the Government; provide that majority are MAN; Chairman is MAN holder;

4.      10 years continuous practice ; last 5 years in the Phil.

5.      Not convicted of any offense involving moral turpitude

6.      Membership to the board shall hold 3 areas namely, nursing education, nursing service     and community service

Sec 5.Requirement upon qualification

ð immediately resign from teaching from any school, college or university offering nursing education, review program for the local nursing board or in any office or employment in the government or in any government owned corporations

ð she/he shall not have pecuniary interest or administrative supervision over any institution offering nursing education.

(IRR – pecuniary interest refers to involvement of husband/wife, children, brothers/sisters, and mother/father in any activity that will conflict w/ her/his position in the Board, particularly money matters.)

  

Sec 6. Term of Office

1.      3 years; can be reappointed for another 3 years

2.      any vacancy in the Board occurring shall be filled for the unexpired portion of the term only (HOLD OVER DOCTRINE)

3.      The incumbent chairperson & members shall continue to serve the remainder of their term (RA 7164) until their replacements shall have been appointed (IRR)

4.      Submit to the Pres. 2 nominees/ vacancy not later than 2 mos. Before the vacancy occurs w/ the request that the appointment be issued not later than 30 days before the scheduled board exam (IRR)

5.      the Board shall be under the supervision of PRC

Sec 7.  Compensation of Board Members – same as that of the PRC

Sec 8. Administrative Supervision of the Board, Custodian of its records, Secretariat and Support Service - PRC

Sec 9. Powers and Duties of the Board

a.      Police Powers

b.      Quasi-legislative

c.      Quasi-judicial

Sec 10. Annual Report  - detailed account of its proceedings,  accomplishments & conditions affecting the nursing practice – President

Sec 11. Removal or Suspension of Board Members

a.       continued neglect of duty

b.       commission or toleration of irregularities in  the licensure examination

c.       unprofessional, immoral or dishonorable conduct

ARTICLE IV

EXAMINATION AND REGISTRATION

Sec 12. Licensure Examination

ü Pass a written examination in accordance w/ RA 8981 – PRC Modernization Act

Sec 13. Qualifications for Admission to the Licensure Examination:

1.      Citizen of the Phil or subject of a country which permits Filipino nurses to practice within its territorial  limits

2.      Good moral character

3.      BSN degree holder from a college/university

Sec 14.  Scope of examination – shall be determined by the board taking into consideration objectives of nursing curriculum, board areas of nursing & other related disciplines and competencies.

Sec 15.  Ratings

1.      General weighted average of 75% with no grade lower than 60 % in any subject

2.      An examiner who gets an average of 75% or higher but gets a rating of below 60% percent in any subject – Removal

Sec 16. Oath – required prior to entering the practice of nursing

Sec 17. Certificate of registration shall be issued after the oath taking ceremony, which is renewable every three years

Sec. 18. Fees for Examination & Registration - prescribed by the commission

Sec. 19. Automatic Registration of Nurses – ipso facto registered

Sec 20. Registration by Reciprocity

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

ð requirements for registration is  substantially the same

ð laws of such state grants the same privileges to registered nurses of the Philippines

Sec 21. Practice through Special/Temporary Permit

1.      Internationally known specialists/experts

2.      On medical mission

3.      Exchange professors

Sec 22.  Non registration & non issuance of Certificate of Registration/Professional License

1.      convicted by final judgment of any crime involving moral turpitude

2.      person guilty of immoral or dishonorable conduct

3.      declared by court to be of unsound mind

Sec 23. Revocation/Suspension of Certificate of Registration/Prof. License & Cancellation of Special/Temporary Permit

1.      Persons convicted by final judgment of any criminal offense involving moral turpitude

2.      Person guilty of immoral or dishonorable conduct

3.      Any person declared by court to be of unsound mind

4.      Unprofessional and unethical standard

5.      Gross incompetence or serious ignorance

6.      Malpractice or negligence in the practice of nursing

7.      Uses fraud deceit, or false statements in obtaining certificate of registration/ professional license or special/temporary permit

8.      Violation of the Code of Ethics or conditions for the issuance of temporary/special permit

9.      Practicing his/her profession during his/her suspension from such practice

10. PROVIDED however that such suspension of the cert. of registration/prof. license shall be for a period not to exceed 4 years

Sec 24. Re-issuance of revoked Certificates and Replacement of lost Certificate

ð cause of revocation has disappeared/cured

ð or corrected subject to the rules of the Board       

ARTICLE V

NURSING EDUCATION

Sec 25. Nursing Education Program

ð shall provide sound general and professional foundation for the practice of nursing

ð learning experience shall adhere strictly to specific requirements by the CHED and standards of the nursing practice.

Sec 26.  Inactive nurses returning to practice (for 5 consecutive years) are required to undergo 1 month didactic training and 3 months practicum in accredited hospitals.

Sec 27. Qualifications of the Faculty:

1.      RN;

2.      One year experience of clinical practice in a field of specialization;

3.      Member of good standing of accredited professional nursing organization;

4.      MAN, MA Education or other allied medical  sciences conferred by a college or university duly recognized by the government;

5.      Dean  -  MAN and must have at least 5 years experience in nursing

ARTICLE VI

NURSING PRACTICE

Sec 28. Scope of Nursing Practice

ð A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting.

1.      It includes but not limited to: nursing care during conception, labor, delivery, infancy, childhood, toddler, pre-school, school age, adolescence, adulthood and old age.

2.      As independent practitioners, nurses are primarily responsible for the promotion of health & prevention of illness.

3.      As members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering and when recovery is not possible, towards a peaceful death.

4.      Provide nursing through the utilization of the nursing process.  Nursing care includes but not limited to:

a.      traditional and innovative approaches

b.      therapeutic use of self

c.      executing health care techniques and procedures, essential primary health care, comfort measures, & health teachings

d.      administration of written prescriptions for treatment therapies, oral, parenteral medications,

e.      internal examinations during labor in the absence of antenatal bleeding

f.        delivery

g.      in case of suturing of perineal laceration, special training shall be provided according to protocol established

5.      Establish linkages with community resources and coordination with the health team

6.      Provide health education to include families and communities

7.      Teach, guide and supervise students in nursing education programs including administration of services in varied settings  such as hospitals, and clinics and undertake consultation services; engage in such activities that require the utilization of knowledge and decision making skills as registered nurses

8.      Undertake nursing and health human resources development training, which shall include but not limited to the development of advance nursing practice

Sec 29. Qualifications of Nursing Service Administrators

1.      RN;

2.      At least 2 yrs. experience in gen. nursing service administration;

3.      BSN degree holder with at least 9 units in management and administration courses at the graduate level;

4.      Member of good standing of the accredited professional organization for nurses;

5.      For chief nurse/ director of nursing service – 5 yrs. experience in supervisory or managerial position & MAN holder;

6.      Chief Nurse (Primary Hospital) – qualification same as supervisors; CN Public Health Agencies -MPH

7.      For military chief nurses – MAN plus completion of the General Staff Course (GSC).

ARTICLE VII

HEALTH HUMAN RESORCE PRODUCTION, UTILIZATION AND DEVELOPMENT

Sec 30. Studies for Nursing manpower needs, production, utilization and development

ü The Board in coordination with APO & appropriated government and private agencies shall initiate, undertake & conduct studies on health human resource production, utilization and development.

Sec 31. Comprehensive Nursing Specialty Program

ð BON/ APO/ RSO/DOH

ð upgrade the level of skill and competence of  specialty nurse clinicians

ð critical care/oncology/renal

ð beneficiaries to serve Phil. Hospital for 2    years 

ð BON Res #14 s.1999 – created NSCC – oversee the administration of new program by Specialty Cert. Board (Pres APO/ Academician/PRB)

           

Sec 32. Salary – shall not be lower than grade 15 (RA 6758 Compensation & Classification Act of 1989)

Sec 33. Funding of CNSP

ð PAGCOR/PCSO

ð DOH – releases, accounts & audits and sets  the criteria for the availment of the program

Sec 34. Incentives and benefits

ð free hospital care for nurses and their dependents

ð scholarship grants & other non-cash benefits

ð maintain nurse-patient ratio as set by DOH    

ARTICLE VIII

PENAL AND MISCELLENAOUS PROVISIONS

Sec 35. Prohibitions in the Practice of Nursing

ü (Penalty: fine of Php50,000.00 but not more than Php100,000.00 or imprisonment of not less than 1 year but not more than 6 years or both)

ü  Any person who practices nursing

1.      without certificate of registration/ professional license; temporary permit

2.      who uses as his/her own certificate of registration/ license/permit of another

3.      who uses an invalid, suspended, revoked, expired, cancelled certificate, license or permit

4.      who gives any false evidence to the Board in order to obtain a cert. of registration/ license/ or permit

5.      who appends BSN/ RN or any similar appendages to his/her name without having been conferred said degree or registration

6.      who falsely advertises as registered/licensed nurse or uses any other means that tend to convey the impression that he/she is a registered/licensed nurse

7.      who as a registered/licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing

ü Any person or the CEO of a juridical entity who undertakes in-service educational programs or who conducts review classes for both local & foreign examination without permit/clearance from the BON & PRC

ü Any person or employer of nurses who violates the minimum base pay of nurses and the incentives & benefits that should be accorded as specified in RA 6758  “Compensation and classification Act of 1989”

ü Any person or the CEO of a juridical entity violating any provision of this Act and its rules and its rules and regulations