Sei sulla pagina 1di 19

LSU BSN 4 – Leininger CI: Mr.

Dennis Montemor, RN

COMPARISON OF
REPUBLIC 7164 AND REPUBLIC ACT 9173
Republic of the Philippines
Republic of the Philippines Congress of the Philippines
Professional Regulation Commission Manila
Manila Twelfth Congress
Second Regular session
Begun and held in Metro Manila, on Monday,
the twenty-second day of July, two thousand
two.

REPUBLIC ACT NO. 9173


REPUBLIC ACT NO. 7164
AN ACT PROVIDING FOR A MORE
AN ACT REGULATING THE PRACTICE RESPONSIVE NURSING PROFESSION,
OF NURSING IN THE PHILIPPINES REPEALING FOR THE PURPOSE
REPUBLIC ACT NO.7164, OTHERWISE
KNOWN AS THE PHILIPPINE NURSING
Be it enacted by the Senate and House of ACT OF 1991 AND FOR OTHER
Representative of the Philippines in Congress PURPOSES.
assembled: Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress
Article I assembled:
Article I
TITLE TITLE

Section 1. Title. – This Act shall be Section 1. - This act shall be known
known as the Philippine Nursing of 1991. as the Philippine Nursing Act of 2002

Article II Article II
DECLARATION OF POLICY
DECLARATION OF POLICY
Sec.2. Declaration of Policy. - It is
Sec.2. Declaration of Policy. – It is hereby declared the policy of the State to assume
hereby declared the policy of the State to assume responsibility for the protection and
responsibility for the protection and improvement of the nursing profession by
improvement of the nursing profession by instituting measures that will result in relevant
instituting measures that will result in relevant nursing education, humane working conditions,
nursing education, and in humane working better career prospects, and a dignified existence
conditions, better career prospects, and a of our nurses.
dignified existence for our nurses.
The State hereby guarantees the
The State hereby guarantees the delivery of quality basic health services through
delivery of basic health services through an an adequate nursing personnel system
adequate nursing personnel throughout the throughout the country.
country.
Article III Article III

ORGANIZATION OF THE BOARD OF ORGANIZATION OF THE BOARD OF


NURSING NURSING

Sec.3. Name and Composition of the Sec.3. Creation and Compensation of


Board. – There shall be created a Board of the Board. - There shall be created a
Nursing to be composed of a Chairman and four Professional Regulatory of Nursing, hereinafter e
(4) members who shall be appointed by the Board, to be composed of a Chairperson and six

1
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

President from a list of twelve (12) nominees (6) members. They shall be appointed by the
who are registered nurses of recognized President of the Republic of the Philippines from
standing among two (2) recommendees, per vacancy, of
in the Philippines and who possess the the Professional Regulation Commission,
qualifications prescribed in Section 5 of this Act hereinafter referred to as the Commission,
as certified by the accredited national nurses’ chosen and ranked from a list of three (3)
association to the Professional Regulation Comm nominees, per vacancy, of the accredited
ission.. professional organization of nurses in the
Philippines who posses the qualifications
prescribed in Section 4 of this Act.
Sec.4. Powers and Duties of the
Board. - The Board shall have the following Sec.4 . Qualification of the
powers, duties, and functions Chairperson and Members of the Board. -
The Chairperson and Members of the Board
a. Supervise and regulate the practice shall, at the time of their appointment, possess
of the nursing profession. the following qualifications:
b. Describe the subjects in the a.) Be a natural born citizen and resident of
licensure examination, determine the Philippines;
the syllabi of the subjects, and their b.) Be a member of good standing of the
relative weight, construct the test accredited professional organization of
questions in the licensure nurses;
examination, and score and rate the c.) Be a registered nurse and holder of a
examination paper. The Board master’s degree in nursing, education or
shall, within one hundred twenty other allied medical profession
(120) days after the examination, conferred by a college or university
submit a report of the examination duly recognized by the Government;
result which shall contain the Provided, That the majority of the
weighted average rating of each Members of the Board shall be holders
examinee to the Office of the of a master’s degree in nursing;
President for release and Provided, further that the Chairperson
publication; shall be a holder of a master’s degree in
c. Issue, suspend, or revoke nursing;
certificates of registration for the d.) Have at least ten (10) years of
practice of nursing; continuous practice of the profession
d. Study the conditions affecting the prior to appointment: Provided,
nursing practice in the Philippines however, That the last last five (5)
and exercise the powers necessary years of which shall be in the
to ensure the maintenance of Philippines; and
efficient, ethical, technical, moral e.) Not have been convicted of any
and professional standards in the offenses involving moral turpitude;
practice of nursing, taking into
account the health needs of the Provided, That the membership of the Board
nation; shall represent the three (3) areas of nursing,
e. Examine the prescribed facilities of namely: nursing education, nursing service
the universities or colleges seeking and community health nursing.
permission to open new colleges of
nursing or departments of nursing
education in order to ensure that
standards and essential
requirements for a qualified dean
and faculty and adequate budget
are properly complied with and
maintained at all times. The
authorization to open colleges of
nursing shall be based upon the
favorable written recommendation
of both the Board and the

2
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

Department of Education, Culture


and Sports;
f. Require nurses who graduate from
state colleges and universities to
render, after being issued the
necessary board licenses, at least
one (1) year of nursing service in
the Philippines before they are
allowed to leave for overseas jobs;
g. Investigate violation of this Act.
For this purpose it may, through its
Chairman, with the approval of the
Board issue summons, subpoena or
subpoena duces tecum to violators
of this act and witnesses thereof
and to compel their attendance by
the power of contempt; and
h. Promulgate decisions or adopt
measures as may be necessary for
the improvement of the nursing
practice, for the advancement of the
profession, and for the proper and
full enforcement of this Act.

Sec. 5. Requirements Upon


Sec. 5. Qualifications of Board Qualification as a Member of the Board of
Members. – A member of the Board shall: Nursing. - Any person appointed as a
Chairperson or Member of the Board shall
a. Be a citizen and resident of the immediately resign from any teaching position in
Philippines; any school, college, university offering Bachelor
b. Be a member in good standing of of Science in Nursing an/or other review
the accredited national nurses’ program for the local nursing board
association; examinations or in any office or employment in
c. Be a registered nurse and holder of the government or any subdivision, agency or
a master’s degree in nursing instrumentality thereof, including government-
conferred by a college or university owned or controlled corporations or their
duly recognized by the subsidiaries as well as those employed in the
Government; private sector. He/shall not have any pecuniary
d. Have at least ten (10) years of interest in or administrative supervision over any
continuous practice of the institution offering Bachelor of Science in
profession prior to appointment; Nursing including review classes.
e. Not be a holder of a green card or
its equivalent; and
f. Not have been convicted of any
offense involving moral turpitude
even if previously extended pardon
by the President of the Philippines.
Sec. 6. Term of Office - The
Sec. 6. Requirements Upon Chairperson and Members of the Board shall
Qualification as Member of the Board of hold office for a term of three (3) years and until
Nursing. - Any person who qualifies as their successors shall have been appointed and
Chairman or member of the Board shall qualified: Provided, That the Chairperson and
automatically resign from any teaching position Members of the Board may be reappointed for
in any school, college, or university and/or another term.
review program for the local nursing board
examinations or in any office or employment in
the Government or any subdivision, agency, or

3
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

instrumentality thereof, including government- Member of the Board shall take the proper oath
owned or controlled corporations or their of office prior to the performance of his/her
subsidiaries. He shall not have any pecuniary duties.
interest in or administrative supervision over any
institution offering basic nursing education The incumbent Chairperson and
programs, including review classes. Members of the Board shall continue to serve for
the remainder of their term under Republic Act.
Sec. 7. Term of Officer. - The No. 7164 until their replacement have been
Chairman and the members of the Board shall appointed by the President and shall have been
hold office for a term of three (3) years and until duly qualified.
their successors shall have qualified: Provided,
That a member of the Board may be reappointed Sec. 7. Compensation of Board
for another term not exceeding three (3) years: Members. - The Chairperson and Members of
Provided further, That in the event only one (1) the Board shall receive compensation and
member of the Board is reappointed, he or she, allowances comparable to the compensation and
by virtue of seniority, shall automatically allowances received by the Chairperson and
become the Chairman of the new Board. members of other professional regulatory
However, in case two (2) or more members are boards.
reappointed, the best qualified among them, to
be determined by all the members of the new
Board, shall become the new Chairman of the
Board; Provided; finally, That, in case all
members of the old Board are reappointed or all
members are new, all the members of the new
Board shall determine the best qualified from
among themselves who shall be recommended to
the President of the Philippines to be the
Chairman of the Board.

Any vacancy in the Board occurring


within the term of a member shall be filled for
the unexpired portion of the term only. Each
member of the Board shall take the proper oath
of office prior to the performance of his or her
duties.
Sec. 8. Administrative Supervision
Sec.8. Compensation of the Board of the Board, Custodian of its Records,
Members. The Chairman and members of the Secretariat and Support Services. - The
Board shall receive as compensation an amount Board shall be under the administrative
equal to that given the Chairman and members of supervision of the Commission. All Records of
other government boards situated under the Board, including applications for
analogous circumstances. examinations, administrative and other
investigative cases conducted by the Board, shall
Sec. 9. Removal of Board Members. - be under the custody of the Commission. The
The President may remove any member of the Commission shall designate the Secretary of the
Board on the following grounds after giving the Board and shall provide the secretariat and other
member concerned an opportunity to defend support services to implement the provisions of
himself or herself in a proper administrative this Act.
investigation to be conducted under the
supervision and control of the Department of Sec. 9. Powers and Duties of the
Justice, upon instruction of the President: Board. - The Board shall supervise and
regulate the practice of the nursing profession
a. Continued neglect of duty or b. Commission or toleration of
incompetence; irregularities in the examination
Any vacancy in the Board occurring within the conducted by the Board; and
term of a Member shall be filled for the c. Unprofessional or dishonorable
unexpired portion of the term only. Each conduct.

4
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

b. Issue, suspend or revoke


Sec. 10. Rules and Regulations. - certificates of registration for the
The Board shall promulgate such rules and practice of nursing;
regulations as may be necessary to carry out c. Monitor and enforce quality
the provisions of this Act. standards of nursing practice in
the Philippines and exercise
Sec. 11. Records. - All records of the powers necessary to ensure the
Board of Nursing, including examination papers, maintenance of efficient, ethical
minutes of deliberations, records of and technical, moral and
administrative cases and investigations, and professional standards in the
examination results shall be kept by the practice of nursing taking into
Professional Regulation Commission under the account the health needs of the
direct custody of the person designated by the nation;
Chairman of the Commission. No record shall d. Ensure quality nursing education
be removed, altered or examined without the by examining the prescribed
prior authorization of the Board. facilities of universities or
colleges of nursing or
Sec.12. Examination Required. - All departments of nursing education
applicants for license to practice nursing shall be and those seeking permission to
required to pass written examinations by the open nursing courses to ensure
Board of Nursing. that the standards of nursing
education are properly complied
Sec. 13. Qualifications of Applicants. with and maintained at all times.
- In order to be admitted to the examination for The authority to open and close
nurses, an applicant must, at the time of filing his colleges of nursing and/or
or her application, establish to the satisfaction of nursing education programs shall
the Board of Nursing that: be vested on the Commission on
Higher Education upon the
a. He/She is a citizen of the written recommendation of the
Philippines, or a citizen or Board.
subject of a country which e. Conduct hearings and
permits Filipino nurses to investigations to resolve
practice within its territorial complaints against nurse
limits on the same basis as the practitioners for unethical and
subject or citizen of such unprofessional conduct and
country: Provided, That the violations of this Act, or its rules
requirements for the registration and regulations and in connection
or licencing of nurses in said therewith, issue subpoena and
country are substantially the testificandum and subpoena
same as those prescribed in this duces tecum to ensure the
Act; appearance of respondents and
b. He or she is at least eighteen (18) witnesses and the production of
years of age: Provided that any documents and punish with
underage applicant who contempt persons obstructing,
successfully passes the impeding, and/or otherwise
examination shall not be interfering with the conduct of
permitted or licensed to practice such proceedings, upon
nursing until he or she shall have application with the court.
reached the age of majority; f. Promulgate a Code of Ethics in
coordination and consultation

and shall have the following powers, duties, and c. He or she is in good health and is
functions: of good moral character; and
d. He or she is a holder of a
a. Conduct the licensure bachelor’s degree in nursing from
examination for nurses; a college or university duly

5
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

recognized by the proper with the accredited professional


government agency. organization; and
h. Prescribe, adopt, issue and
Sec.14. Licensure Examination. - promulgate guidelines,
The licensure examination for the practice of regulations, measures and
nursing in the Philippines shall be given by decisions as may be necessary for
the Board not earlier than one (1) month but the improvement of the4 nursing
not later than two (2) months after the closing practice, advancement of the
of the semester prescribed by the Department profession and for the proper and
of Education, Culture and sports. The full enforcement of this Act
examination shall be held in the City of subject to the review and
Manila or in such places as may be decided approval by the Commission.
by the Board subject to the approval of the
Professional Regulation Commission. Sec.10. Annual Report. - The
Board shall at the close of its calendar
Sec. 15. Scope of Examination. - The year submit an annual report to the
scope of examination for the practice of President of the Philippines through the
nursing in the Philippines shall be determined Commission giving a detailed account
by the Board. The Board shall take into of its proceedings and the
consideration the objectives of the nursing accomplishment during the year and
curriculum, the board areas of nursing, and making recommendations for the
other related disciplines and competencies in adoption of nurses that will upgrade and
determining the subjects of examinations. improve the conditions affecting the
practice of the nursing profession.
Sec.16. Rating in the Examination. -
In order to pass the examination, an examinee Sec. 11. Removal or Suspension of
must obtain a general average rating of at Board Members. – The President may remove
least seventy-five percent (75%) with a rating or suspend any member of the Board after been
of not below sixty percent (60%) in any given the opportunity to defend himself/herself
subject. An examinee who obtains an in a proper administrative investigation, on the
average rating of seventy five percent (75%) following grounds:
or higher but gets a rating below sixty percent
(60%) in any given subject must take the a. Continued neglect of duty or
examination again, but only in the subject or incompetence;
subjects where he or she rated below sixty b. Commission or tolerance of
percent (60%). irregularities in the licensure
examination; and
In order to pass the succeeding c. Unprofessional, immoral or
examination, an examinee must obtain a dishonorable conduct.
rating of at least seventy five percent (75%)
in the subject or subjects repeated.

An examinee who, despite the third


examination, fails to obtain at lest seventy
five percent (75%) in the subject or subjects
repeated shall no longer be allowed to take
the examination, unless he proves to the
satisfaction of the Board that he/she has
undergone a refresher course consisting in
enrollment and passing in the regular fourth
year subjects in a recognized nursing school. Sec.17. Issuance of Certificates. -
with the accredited professional certificate of registration as nurse shall be
organization of nurses within one issued to any applicant who passes the
(1) year from the effectivity of examination upon payment of the prescribed
this Act; fees. Every certificate of registration shall
g. Recognize nursing specialty allow the full name of the registrant; the
organizations in coordination serial number, the signature of the members

6
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

of the Board, and the official seal of the


Board.

Sec. 18. Fees for Examination and


Registration. - Applicants for licensure
examination and for registration shall pay the
prescribed fees set by the Professional
Regulation Commission.

Sec. 19. Registration by Reciprocity.


- Certificates of registration may be issued
without examination to nurses registered
under the laws of any foreign state or
country: Provided, That the requirements for
the registration or licensing of nurses in said
country are substantially the same as those
prescribed under this Act: Provided, further,
That the laws of such state or country grant
the same privileges to registered nurses of the
Philippines on the same basis as the subject
or citizens of such foreign state or country.

Sec. 20. Non-issuance of Certificates


in Certain Cases. - No pe4rson convicted
by final judgment of any criminal offense
involving moral turpitude or any person
guilty of immoral or dishonorable conduct
shall be issued a certificate of registration.

The Board shall furnish the applicant a


written statement setting forth the reasons for
its actions which shall be incorporated in the
records of the Board.

Sec.21. Revocation and Suspension


of Certificates. - The Board shall have the
power to revoke or suspend the certificate of
registration of a nurse upon any of the
following grounds;

a. For any of the causes mentioned


in the preceding section;
b. For unprofessional and unethical
conduct;
c. For gross incompetence and
serious ignorance;
d. For malpractice or negligence in
the practice of nursing; or
e. For the use of fraud, deceit, or
false statements in obtaining a
certificate of registration.

Sec.22. Re-issuance of Revoked


Certificates and Replacement of Lost
Certificates. - The Board may, for reasons of
equity and justice or when the cause for
revocation has disappeared or has been cured

7
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

and corrected, upon proper application therefore


and the payment of the required fees, issue
another copy of the certificate of registration.

Article IV
Article IV
EXAMINATION AND
NURSING EDUCATION REGISTRATION

Sec. 12 Licensure Examination. -


Sec.23. General Entrance All applicants for license to practice nursing
Requirements. - Applicants desiring to shall be required to pass a written examination,
enroll in a nursing course must belong to the which shall be given by the Board in such places
upper forty percent (40%) of the graduating and dates as may be designated by the
class of the general secondary course, as Commission; Provided, That it shall be in
certified by the school. accordance with Republic Act. No. 8981,
otherwise known as the PRC Modernization Act
Sec.24. Nursing Education Program. of 2000.
- The nursing education program shall
provide sound academic and professional Sec. 13 Qualifications for Admission
foundation for the practice of nursing. to Licensure Examination. - In order to be
admitted to the examination for nurses, an
Sec.25. Nursing Experiences. - The applicant must, at the time of filing his/her
learning experiences required in a classroom, application, establish to the satisfaction of the
hospital, home, community or other Board that:
health/welfare agency shall adhere strictly to
specific requirements embodied in the a. He/ She is a citizen of the Philippines,
prescribed curriculum for the nursing course or a citizen or a subject of a country
and in rules, policies and standards of nursing which permits Filipino nurses to
education. Such learning experiences shall practice within its territorial limits on
not be less than six (6) units or its equivalent. the same basis as the subject or citizen
of such country: Provided, That the
Sec. 26. Qualifications of the Faculty. requirements for the registration or
- A member of the faculty in a college or licencing of nurses in said country are
school of nursing must: substantially the same as those
prescribed in this Act;
a. Be a Filipino citizen; b. He/She is a person of good moral
b. Be a registered nurse in the character; and
Philippines; c. He/ She is a holder of a Bachelor’s
c. Have at least three (3) years of Degree in Nursing from a college or
clinical practice in a field of university that complies with the
specialization; standards of nursing education duly
d. Be a member of good standing in recognized by the proper government
the accredited national nurses’ agency .
association; and

e. Be a holder of a master’s degree


in nursing or other related fields
conferred by a college or
university duly recognized by the
Government of the Republic of
the Philippines: Provided,
however, That nothing in this Act
shall be construed to disqualify
those who have already been
considered qualified and actually
occupying the position before the

8
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

effectivity of this Act. Provided, (75%) with a rating of nor below sixty percent
further, That those occupying (60%) in any subject. An examinee who obtains
such position before the an average rating of seventy five percent (75%)
effectivity of this Act shall be or higher but gets a rating below sixty percent
given a period of five (5) years (60%) in any subject must take examination
from the date of effectivity of again but only in the subject or subjects where
this Act within which to qualify he/she is rated below sixty percent (60%). In
under the provision hereof. order to pass the succeeding examination, an
Provided, finally, That by the examinee must obtain a rating of at least seventy
year 2000, all colleges of nursing five percent (75%) in the subject or subjects
shall only employ faculty repeated.
members with a master’s degree
in nursing or in other related Sec. 16. Oath. - All successful
fields. candidates in the examination shall be required
to take an oath of profession before the Board or
In addition to the aforementioned any government official authorized to administer
qualifications, the dean of a college or school of oaths to entering upon the nursing practice.
nursing must have at least three (3) years of
experience in teaching and supervision in Sec. 17. Issuance of Certificate of
nursing education, and preferably must have a Registration/Professional License and
master'’ degree in administration and supervision Professional Identification Card. - A
of nursing education programs. certificate of registration/professional license as
a nurse shall be issued to an applicant who
passes the examination upon payment of the
Article V prescribed fees. Every certificate of
registration/professional license shall show the
NURSING PRACTICE full name of the registrant, the serial number, the
signature of the Chairperson of the Commission
Sec. 27. Scope of Nursing. - A person and of the Members of the Board, and the
shall be deemed to be practicing nursing within official seal of the Commission.
the meaning of this Act when he/she, for a fee,
salary or other reward or compensation, singly or A professional identification card, duly signed
in collaboration with another, initiates and by the Chairperson of the Commission, bearing
performs nursing services to individuals, families the date of registration, license number, and the
and communities in various stages of date of issuance and expiration thereof shall
development toward the promotion of health, likewise be issued to every registrant upon
prevention of illness, restoration of health, and payment of the required fees.
alleviation of suffering through:
Sec. 18. Fees for Examination and
a. Utilization of the nursing Registration. - Applicants for licensure and for
process, including assessment, registration shall pay the described fees set by
planning, implementation and Commission.
evaluation of nursing care.
Nursing care includes, but is not
limited to, traditional and
Sec. 14. Scope of Examination. - The innovative approaches in use of
scope of the examination for the practice of self, executing nursing
nursing in the Philippines shall be determined by techniques and procedure,
the Board. The Board shall take into comfort measures, health
consideration the objectives of the nursing teaching and administration of
curriculum, the board areas of nursing, and other legal and written prescriptions
related disciplines and competencies in for treatment, therapies,
determining the subjects of examinations. medication and hypodermic,
intramuscular, or intravenous
Sec. 15. Ratings. - In order to pass injections: Provided, however,
the examination, an examinee must obtain a That, in the administration of
general average of at least seventy-five percent intravenous injections, special

9
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

training shall be required of such state or country grant the same privileges
according to protocol to registered nurses of the Philippines on the
established; same basis as the subjects or citizen of such
b. Establishment of linkages with foreign state or country.
community resources and
coordination of the health team: Sec. 21. Practice Through
c. Motivation of individuals, Special/Temporary Permit. - A
families, and communities; special/temporary permit may be issued by the
resources and coordination of Board to the following persons subject to the
services with other members of approval of the Commission and upon payment
the health team; of the prescribed fees:
d. Participation in teaching,
guidance, and supervision of a. Licensed nurses from foreign
students in nursing education countries/.states whose service are
programs, including administering either for a fee or free if they are
nursing services in varied settings internationally well-known specialists
such as hospitals, homes, or outstanding experts in any branch or
communities and the like; specialty of nursing;
undertaking consultation services; b. Licensed nurses from foreign
and engaging in such other countries/states on medical mission
activities that require the whose services shall be free in a
utilization of knowledge and particular hospital, center or clinic; and
decision-making skills of a c. Licensed nurses from foreign
registered nurse; and countries/states employed by
e. Undertaking nursing and health schools/colleges of nursing as exchange
manpower development training professors in a branch or specialty of
and research and soliciting nursing; Provided, however, That the
finances therefore, in cooperation special/temporary permit shall be
with the appropriate government effective only for the duration of the
or private agency; Provided, project, medical mission or employment
however, That this provision shall contract.
not apply to nursing students who
perform the nursing functions Sec. 22. Non-registration and Non-
under the direct supervision of issuance of Certificates of Registration. - No
qualified faculty. person convicted by the final judgment of any
criminal offense involving moral turpitude or
any person guilty of immoral or dishonorable
Sec.28. Qualifications of Nursing conduct or any person declared by the court to be
Service Administrators. - A person occupying unsound mind shall be registered and be issued a
supervisory or managerial positions requiring certificate of registration/professional license or
knowledge of nursing must: a special/temporary permit.

a. Be a Filipino or a former citizen


Sec. 19. Automatic Registration of who has officially declared
Nurses. - All nurses whose name s appear at the his/her intention to reacquire
roster of nurses shall be automatically or ipso Filipino citizenship;
facto registered as nurses under this Act upon its b. Be a registered nurse in the
effectivity. Philippines;
c. Be a member in good standing of
Sec. 20 Registration by Reciprocity. - the of the accredited national
A certificated of registration/professional license organization of nurses;
may be issued without examination to nurses d. Have at least two (2) years
registered under the laws of a foreign state or experience in general nursing
country: Provided, That the requirements for service administration; and
registration or licensing of nurses in said country e. Possess a degree of Bachelor of
are substantially the same as those prescribed Science in Nursing, with at least
under this Act: Provided, further, That the laws

10
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

nine (9) units in management d. For gross incompetence or serious


courses at the graduate level. ignorance;
c. For malpractice or negligence in the
Provided, That a person occupying the position of practice of nursing;
chief nurse or director of nursing service shall, in e. For the use of fraud, deceit, or false
addition to the foregoing qualifications, possess: statements in obtaining a certificated of
registration/professional license or a
a. At least five (5) years of temporary/ special permit;
experience in a supervisory or f. For violation of this Act, the rules and
managerial position in nursing;; regulations, Code of Ethics for nurses
and and technical standards for nursing
b. A master’s degree major in practice, policies of the Board and the
nursing service administration or Commission, or the conditions and
its equivalent: Provided, limitations for the issuance of the
however, That those occupying temporary special permit; or
such position before the g. For practicing his/her profession during
effectivity of this Act shall be his/her suspension from such practice;
given a period of five (5) years Provided, however, That the suspension
from the date of effectivity of this of the certificate of
Act within which to qualify; registration/professional license shall be
Provided, further, That, by the for a period not to exceed four (4) years.
year 2000, only holders of a
master’s degree major in nursing Sec. 24. Re-issuance of Revoked
administration shall be appointed Certificates and Replacement of Lost
to such position: Provided, Certificates. - The Board may, after the
finally, That, for hospitals with expiration of a maximum of four (4) years from
bed capacity of fifty (50) and the date of revocation of a certificate, for reasons
below, the minimum academic of equity and justice and when the cause of
qualification and experiences for revocation has disappeared or has been cured and
a chief nurse shall be as specified corrected, upon proper application therefore and
under subsections ( c ), (d) an d the payment of the required fees, issue another
(e) of this section. copy of the certificate of registration/professional
license.

Article VI A new certificated/professional license to replace


the certificated that has been lost, destroyed or
HEALTH HUMAN RESOURCE mutilated may be issued, subject to the rules of
DEVELOPMENT, PRODUCTION, AND the Board.
UTILIZATION

The Board shall furnish the applicant a Sec.29. Studies for Nursing
written statement setting forth the reasons for its Manpower Needs, Production, Utilization and
actions, which shall be incorporated in the records Development. - The Nursing Board shall
of the Board. undertake a studies and initiate and/or cooperate
with appropriate government or private agencies
Sec. 23. Revocation and Suspension. in the conduct of studies for health human
The Board shall have the power to revoke or resource production, utilization, and
suspend the certificate of registration/professional development.
license or cancel the special/temporary permit of a
nurse upon any of the following grounds:
a. For any of the causes mentioned in Article VII
the preceding section;
b. For unprofessional and unethical PENAL AND MISCELLANEOUS
conduct; PROVISIONS

11
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

Sec. 26. Requirements For Inactive


Sec. 30. Prohibitions in the Practice Nurses Returning to Practice. - Nurses who
of Nursing, - A fine of not less than Ten have not actively practiced the profession for
thousand pesos ( P 10,000.00) nor more than five (5) consecutive years are required to
Forty Thousand pesos (p 40,000.00) or undergo one (1) month of didactic training and
imprisonment of not less than one (1) year nor three (3) months of practicum. The Board shall
more than six (6) years, or both, in the discretion accredit hospitals to conduct the said training
of the court, shall imposed upon: program.

a. Any person practicing nursing in the Sec. 27. Qualifications of the


Philippines within the meaning of this Act: Faculty. - A member of the faculty in a
1. Without a certificate of college of nursing technical professional courses
registration or without having must:
been declared exempt from the
examination in accordance with a. Be a registered nurse in
the provisions of this act; the Philippines;
2. Who uses as his/ her own the b. Have at least one (1) year
certificate registration of another; of clinical practice in the
3. Who uses an expired, field of specialization;
suspended, or revoked certificate c. Be a member of good
of registration; standing in the accredited
4. Who gives any false evidence professional organization
to the Board of Nursing in order of nurses; and
to obtain a certificated of d. Be a holder of a master’s
registration; degree in nursing,
5.Who falsely poses or advertises education, or other allied
as a registered nurse medical and health
or uses any other means that tend sciences conferred by a
to convey the impression that he college or university duly
or she is a registered nurse; or recognized by the
6. Who appends BSN/RN Government of the
(Bachelor of Science in Republic of the
Nursing/Registered Nurse) to Philippines.
his/her name without having been
conferred said degree of In addition to the aforementioned
registration; qualifications, the dean of college must have a
b. Any person who undertakes in-service master’s degree in nursing. He/She must have at
educational programs or who conducts least five (5) years of experience in nursing.
review classes for both local and foreign
examinations without

Article V permit/clearance from the Philippine


Nursing Association, the Board of Nursing
NURSING EDUCATION and the appropriate office or officer of the
Department of Labor and Employment; and
Sec. 25. Nursing Education c. Any person violating any provision of this
Program. - The nursing education program Act.
shall provide sound general and professional
foundation for the practice of nursing. Sec.31. Standard Basic Pay. - Based
on current National Economic and Development
The learning experiences shall adhere Authority (NEDA) figures, the proper
strictly to specific requirements embodied in the government office or agency shall fix a standard
prescribed curriculum as promulgated by the pay for all nurses working in either public or
Commission on Higher Education’s policies and private health agencies. The same standard basic
standards of nursing education. pay shall be increased periodically to cope with
the increasing cost of living.

12
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

Sec.32. Enforcement of this Act. - It team, nurses shall collaborate with other
shall be the duty of all duly constituted law- healthcare providers for the curative, preventive
enforcement agencies and officers of national,, and rehabilitative aspects of care, restoration of
provincial, city and municipal government to health, alleviation of suffering , and when
enforce the provisions of this Act and to recovery is not possible, toward a peaceful death.
prosecute any person violating the same. It shall be the duty of the nurse to:

a. Provide nursing care through the


Sec. 33. Repealing Clause. - All utilization of the nursing process.
laws, decrees, orders, circulars, rules and Nursing care includes, but is not
regulations, and other issuances which are limited to, traditional and
consistent with this Act are hereby repealed, innovative approaches,
amended or modified accordingly: therapeutic use of self, executing
healthcare techniques and
Sec. 34. Separability Clause. - If procedures, essential primary
any part of this Act is declared unconstitutional, health care, comfort measures,
the remaining part not affected thereby shall health teachings, and
continue to valid and operational. administration of written
prescription for treatment,
Sec. 35. Effectivity. - This Act shall therapies, oral, tropical, and
take effect one (1) month after its publication in parenteral medications, internal
any newspaper of general circulation in the examination during labor in the
Philippines. absence of antenatal bleeding and
delivery. In case of suturing of
Approved. perineal laceration, special
training shall be provided
This Act which is a consolidation of according to protocol established;
House Bill No. 32716 and Senate Bill No. 335 b. Establish linkages with the
was finally passed by the House of community resources and
Representatives and the Senate on June 6, 1991. coordination with the health
team;
c. Provide health education to
individuals, families, and
(Sgd.) EDWIN P. ACOBA communities;
Secretary of Senate d. Teach, guide, and supervise
students in nursing education
programs including the
(Sgd.) CAMILO L. SABIO administration of nursing
Secretary General, House of Representatives services in varied settings such as
Approved: November 21, 1991
Article VI

NURSING PRACTICE
(Sgd.) CORAZON C. AQUINO
Sec. 28. Scope of Nursing. - A President of the Philippines
person shall be deemed to be a 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
healthcare 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. As
independent practitioners, nurses are primarily
responsible for the promotion of health and
prevention illness. As members of the health

13
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

nurses and uphold the standards of safe nursing


practice. The nurse is required to maintain
competence by continual learning experience
through continuing professional education to be
provided by the accredited professional
organization or any recognized professional
nursing organization: Provided, finally, The
program and activity for the continuing
professional education shall be submitted to and
approved by the Board.

Sec. 29. Qualifications of Nursing


Service Administrators. - A person
occupying supervisory or managerial positions
requiring knowledge of nursing must:

a. Be a registered nurse in
the Philippines;
b. Have at least two (2) years
experience in general
nursing service
administration;
c. Possess a degree of
Bachelor of Science in
Nursing, with at least nine
(9) units in management
and administration courses
at the graduate level;
d. Be a member of good
standing of the accredited
professional organization
of nurses;

Provided, That a person occupying the


position of chief nurse or director of nursing
service shall, in addition to the foregoing
qualifications, possess:

hospitals and clinics; undertake


consultation services; engage in
such activities that require the
utilization of knowledge and
decision-making skills of a
registered nurse; and
e. Undertake nursing and health
human resource development
training and research which shall
include, but is not limited to, the
development of advance
nursing practice;

Provided, That this section shall not


apply to nursing students who perform nursing
functions under the direct supervision of a
qualified faculty: Provided, further, That in the
practice of nursing in all settings, the nurse is
duty-bound to observe the Code of Ethics for

14
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

Article VII

HEALTH HUMAN RESOURCE


PRODUCTION, UTILIZATION, AND
DEVELOPMENT

Sec. 30. Studies for Nursing


Manpower Needs, Production, Utilization and
Development. - The Board, in coordination
with the accredited professional organization and
appropriate government or private agencies shall
initiate, undertake and conduct studies on health
human resource production, utilization, and
development.

Sec. 31. Comprehensive Nursing


Specialty Program. - Within ninety (90) days
from the effectivity of this Act, the Board, in
coordination with the accredited professional
organization, recognized specialty organizations
to formulate and develop a comprehensive
nursing specialty program that would upgrade
the level of skill and competence of specialty
nurse clinicians in the country, such as but not
limited to the areas of critical care, oncology,
renal and such areas as may be determined by
the Board.

The beneficiaries of this program are


obliged to serve in any Philippine hospital for a

e. .At least five (5) years experience


in s supervisory or managerial
position in nursing; and
f. .A master’s degree major in
nursing;

Provided, further, That for primary


hospitals, the maximum academic qualifications
and experiences for a chief nurse shall be as
specified in subsections (a), (b), and (c) of this
section: Provided, furthermore, That for chief
nurses in the public health agencies, those who
have a master’s degree in public
health/community health nursing shall be given
priority. Provided, even further, that for chief
nurses in military hospitals, priority shall be
given to those who have finished a master’s
degree in nursing and the completion of the
General Staff Course (GSC): Provided, finally,
That those occupying such positions before the
effectivity of this Act shall be given a period of
five (5) years within which to qualify.

15
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

released to the Department of Health subject to


accounting and auditing procedures: Provided,
That the Department of Health shall set the
criteria for the availment of this program.

Sec. 34. Incentives and Benefits. -


The Board of Nursing, in accordance with the
Department of Health and other concerned
government agencies, association of hospitals
and the accredited professional organization,
shall be establish an incentive and benefit system
in the form of free hospital care of nurses and
their dependents, scholarship grants, and other
non-cash benefits. The government and private
hospitals are hereby mandated to maintain the
standard nurse-patient ratio set by the
Department of Health.

Article VIII

PENAL AND MISCELLANEOUS


PROVISIONS

Sec. 35. Prohibitions in the Practice


of Nursing. - A fine of not less than Fifty
thousand pesos (P 50,000.00) nor more than One
hundred thousand pesos (P 100,000.00) or
imprisonment of not less than one (1) year nor

period of at least two (2) years of continuous


service.

Sec. 32. Salary. - In order to


enhance the general welfare, commitment to
service, and professionalism of nurses, the
minimum base pay of nurses working in the
public health institutions shall not be lower than
salary grade 15 prescribed under Republic Act
6758, otherwise known as the Compensation and
Classification Act of 1989: Provided, That for
nurses working in local government units,
adjustments to their salaries shall be in
accordance with Section 10 of the said law.

Sec. 33. Funding for the


Comprehensive Nursing Specialty Program. -
The annual financial requirement needed to train
at least ten percent (10%) of the nursing staff of
the participating government hospital shall be
chargeable against the income of the Philippine
Charity Sweepstakes and the Philippine
Amusement and Gaming Corporation, which
shall equally share in the costs and shall be

16
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

registration/professional
license, or an expired or
cancelled
special/temporary permit;
or
5. Who gives any false
evidence to the Board in
order to obtain a certificate
of registration/professional
license, a professional
identification card or
special permit; or
6. Who falsely poses or
advertises as a registered
and licensed nurse or uses
any other means that tend
to convey the impression
that he/she is a registered
and licensed nurse; or
7. Who appends BSN/RN
(Bachelor of Science in
Nursing/registered Nurse)
or any similar appendage to
his/her name without
having been conferred said
degree or registration; or
8. Who, as registered and
licensed nurse, abets or
assists the illegal practice
of a person who is not

more than six (6) years, or both, upon the


discretion of the court, shall imposed upon:
a. Any person practicing nursing in the
Philippines within the meaning of this
Act:
1. Without a certificate of
registration/professional
license and professional
identification card or
special temporary permit or
without having been
declared exempt from the
examination with the
provision of this Act: or
3. Who uses as his/her own
the certificated of
registration/professional
license and professional
identification card or
special temporary permit of
another; or
4. Who uses an invalid
certificate of
registration/professional
license, a suspended or
revoked certificate of

17
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

enforcing the provisions of this Act and to


prosecute any persons violating the same.

Sec. 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, funding of
which shall be included in the Annual General
Appropriations Act.

Sec. 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.

Sec. 39. Separability Clause. - If


any part of this Act is declared unconstitutional,
the remaining parts not affected thereby shall
continue to be valid and operational.

lawfully qualified to practice


nursing.
b. Any person or chief executive office of a
juridical 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; or
c. Any person or employer of nurses who
violate the minimum base of nurses and the
incentives and benefits that should be accorded
them as specified in Section 32 and 34; or
d. Any person or the chief executive officer of
a juridical entity violating any provisions of this
Act and its rules and regulations.

Article IX

FINAL PROVISIONS

Sec. 36. Enforcement of this Act. -


It shall be the primary duty of the Commission
and the Board to effectively implement this Act.
Any duly law enforcement agencies and officers
of national, provincial, city, or municipal
governments shall, upon the call or request of the
Commission or the Board, render assistanc3e in

18
LSU BSN 4 – Leininger CI: Mr. Dennis Montemor, RN

(Sgd.) OSCR G. YABES


Secretary of the Senate

(Sgd.) ROBERTO P. NAZARENO


Secretary General, House of Representatives

Approved: October 21, 2002

(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

Sec. 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.

Sec. 41. Effectivity. - This Act shall


take effect fifteen (15) days upon its publication
in the Official Gazette or any two (2) newspaper
of general circulation in the Philippines.

(Sgd.) FRANKLIN M. DRILON


President of the Senate

(Sgd.) JOSE DE VENECIA


Speaker of the House of Representative

This Act which originated in the House


of Representatives, was finally passed in the
House of Representatives and the Senate on
October 15, 2002 and October 8, 2002,
respectively.

19

Potrebbero piacerti anche