Republic Act No.

9173
Article I Title Section 1. Title Philippine Nursing Act of 2002 Article II Declaration of Policy Section 2. Declaration of Policy

Article II Organization of the Board of Nursing

Section 3. Creation and Composition of the Board 1 Chairperson 6 Members - appointed by the President of the Republic of the Philippines

Section 4. Qualification of the Chairperson and Members of the Board

a) b) c)

d) e)

Natural born citizen and resident of the Philippines Member of good standing and accredited professional organization of nurses Registered nurse and a holder of a masters degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the Government. Have at least 10 years of continuous practice of profession prior to appointment Not have been convicted of any offense involving moral turpitude.

Section 5. Requirements Upon Qualification as Chairperson and a Member of the Board of NSG.
a)

b)

Immediately resign from any teaching position in school, college, university or institution offering BSN and / or review program for the local nursing board examinations or in any office or employment in the Government or any Subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries as well as those employed in the private sector. Not have any pecuniary interest in or administrative supervision over any institution offering BSN including review classes.

Section 6. Term of Office

- Shall hold office for a term of 3 years.

Section 7. Compensation of the Board Members

-Comparable to the compensation and allowances received by the chairperson and members of other professional regulatory boards.

Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Service.

Section 9. Powers and Duties of the Board

Conduct NLE b) Issue, suspend, or revoke, certificates of registration for the practice of nursing. c) Monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical, moral and professional standards in the practice of nursing taking into account the health needs of the nation. d) Ensure quality nursing education by examining the prescribed facilities of the universities or colleges of nursing or department of nursing education and those seeking permission to open nursing
a)

e)

Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violation for this Act or its rule and regulations.
-issue subpoena ad testificandum subpoena duces tecum. -punish with contempt persons obstructing, impeding and / or otherwise interfering with the conduct.

f)

Promulgate a code of Ethics in coordination and consultation with the accredited professional organization of nurses within one year from the effectivity of this Act.

g)

Recognized nursing specialty organizations in coordination with the accredited professional organization; and Prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvement of nursing practice, advancement of the profession and for the proper and full enforcement of this Act subject to the review and approval by the commission

h)

Section 10. Annual Report

-the board at the close of its calendar year submit an annual report to the President of the Philippines through the Commission.

Section 11. Removal or suspension of Board Members.

a)

b)

c)

Continued neglect of duty or incompetence Commission or toleration of irregularities in the licensure examination. Unprofessional, immoral or dishonorable conduct.

Article IV Examination and Registration

Section 12. License Examination

All applicants for the license to practice nursing shall be required to pass a written examination.

Section 13. Qualifications for Admission to the Licensure Examination

a)

Filipino citizen b) Good moral character c) Holder of Bachelors Degree in nursing from a college or university that complies with the standards of nursing education duly recognized by proper government

Section 14. Scope of Examination

-determined by the board

Section 15. Ratings -must obtain a general average of at Section 16. Oath Section 17. Issuance of Certificate of Registration/ Professional License and Professional Identification Card.
Certificate of Registration / Professional License
-Full name of Registrant -Serial number -Signature of the Chairperson of the Commission and members of the

least 75% with a rating of not below 60% in any subject.

Professional Identification Card

-Signature of the Chairperson of the commission -Date of Registration -License number -Date of Issuance / Date of Expiration

Section 18. Fees for Examination and Registration Section 19. Automatic Registration for Nurses
All nurses whose names appears appear at the Roster of nurses shall be

Section 20. Registration by Reciprocity

A certificate of registration / professional license maybe issued without examination to nurses registered under the laws of foreign sate or country.

Section 21. Practice Through special / Temporary Permit

Internationally well-known specialists /outstanding experts. b) On medical mission. c) Exchange professors.
a)

Section 22. Non-registration and Nonissuance of Certificates of Registration / Professional License or Special / Temporary permit.
a)

b)

c)

Convicted by final judgment of any criminal offense involving moral turpitude. Guilty of immoral or dishonorable conduct Declared by the court to be of unsound mind.

Section 23. Revocation and Suspension of Certificate of Registration / Professional License and Cancellation of Special / Temporary Permit
For any causes mentioned in the preceding section; Unprofessional or unethical conduct Gross incompetence or serious ignorance For malpractice or negligence in the practice of nursing For the use or fraud, deceit or false statements in obtaining a certificate of registration / professional license or a temporary / special permit. For violation of this act, the rules and regulation, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission or the conditions and limitations for the issuance of the temporary / special permit; or For practicing his / her profession during his / her

a) b) c) d) e)

f)

g)

Section 24. Re- Issuance of Revoked Certificates and Replacement of Last Certificates
a)

b) c)

d)

e)

After the expiration of a minimum period of 4 years from the date of revocation of a certificate. For reasons of equity and justice. When the cause of revocation has disappeared or has been cured or corrected. Upon proper application and payment of the required fee. When the request is to replace certificate that has been lost, destroyed or mutilated maybe issued When the request is to replace certificate that has been lost, destroyed or mutilated

Article V Nursing Education

Section 25. Nursing Education Program

a)

b)

Shall provide sound general and professional foundation for the practice of nursing. Shall adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the CHEDS policies and standards of nursing education.

Section 26. Requirements for Inactive Nurses Returning to Practice

-required to undergo one month of didactic training and 3 months of practicum.

Section 27. Qualification of the Faculty

a)

Registered nurse in the Philippines b) Have at least 1 year of clinical experience in a field of specialization c) Be a member of a good standing in the accredited professional organization of nurses. d) Be a holder of masters degree in nursing, education or other allied medical and health sciences conferred by a college or university duly recognized by the Government of RP. Dean masters degree in nursing

Article VI Nursing Practice

Section 28. Scope of Nursing

a) b)

c) d)

e)

Provide nursing care through utilization of the nursing process. Establish linkages with community resources and coordination with the health team. Provides health education to individuals, families and communities. Teach, guide and supervise students in nursing education programs. Undertake nursing and health human resources development training and

Section 29. Qualification of Nursing Service Administrators

a) b) c)

d)

Be a registered nurse in the Philippines. Have at least 2 years experience in general nursing administration. Degree in Bachelor of Science in nursing with at least 9 units of management and administration courses at the graduate level. Be a member of good standing of the accredited professional organization of nurses. At least 5 years experience in supervisory or managerial position in nursing.

Chief Nursea)

Article VII Health Human Resource Production, Utilization and Development

Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Development.
-conducted by the Board in Coordination with the accredited professional organization and appropriate government or private agencies.

Section 31. Comprehensive Nursing Specialty Program

The Board recognizes specialty organizations that would upgrade the level of competence of specialty nurse clinicians in the country.

Section 32. Salary

Base pay of nursing working in public health institution shall not be lower than salary grade 15.

Section 33. Funding for the Comprehensive Nursing Specialty Program

The annual financial requirements needed to train at least 10% of the nursing staff of the participating government hospital; shall be chargeable to the income of the Philippines charity sweepstakes office and the Philippines Amusement and Gaming Corporation.

Section 34. Incentives and Benefits

In the form of free hospital care for nurses and their dependents, scholarship grants and other non-cash benefits.

Article VIII Penal and Miscellaneous Provisions

Section 35. Prohibitions in the Practice of Nursing

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 examination in the accordance with the provision of this

2.

3.

4.

5.

Who uses as his/her own certificates of registration / professional license and professional identification card or special temporary permit of another; or Who uses an invalid certificate of registration / professional license, a suspended or revoked certificate of registration / professional license or an expired or cancelled special / temporary permit Who given any false evidence to the Board in order to obtain a certificate of registration / professional license, a professional identification card or special permit; or Who appends BSN/RN or any similar appendage to his/her name without having been conferred said degree or registration; or

6.

7.

Who appends BSN/RN or any similar appendage to his/her name without having been conferred said degree or registration; or Who, as a registered and licensed nurse abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing.

b)

c)

d)

Any person or the chief executive officer of a juridical entity who undertakes in-service educational programs or who conducts review classes for both local and foreign examination without permits / clearance from the Board and the Commission. Any person or employer of nurses who violate the minimum base pay of nurses and the incentive and benefits that should be accorded them as specified in Section 32 and 34. Any person or the chief executive officer of a juridical entity violating any provision of this act and its rules and regulations.

Article IX Final Provisions

Sections 36. Enforcement of this Act

-primary duty of the Commission and the Board to effectively implement this Act

Section 37. Appropriations

-the chairperson of the PRC shall immediately include in its program and issue such rules and regulation to implement the provision of this act.

Section 38. Rules and Regulations

-The Board and the Commission in Coordination with the accredited professional organization, the DOH, DBM and other concerned government agencies shall formulate such rules and regulations necessary to carry out the provisions of this act.

Section 39. Separability Clause

-if any part of this Act is declared unconstitutional the remaining parts not affected there by shall continue to be valid and operational.

Section 40. Repealing Clause

Section 41. Effectivity

-shall take effect 15 days upon its publication in the official Gazette or any 2 newspapers of general circulation in the Philippines.

DUE PROCESS of LAW

Defined as law which hears before it condemns which proceeds upon inquiry and renders judgment only after trial

FUNDAMENTAL REQUIREMENTS of DUE PROCESS

Article III Section 14 of the New Constitution states that no person shall be held to answer for a criminal offense without due process of laws.
The constitutional rights of the accused are enumerated as follows.
The accused is presumed innocent until the contrary is provide 2. The right to free access to the courts and adequate legal assistance
1.

3.

4.

5.

6.

7.

8.

The right to remain silent and to have competent and independent counsel preferably of his/her own choice. If he/she cannot afford the services of a counsel, he/she must be provided one. The right to bail and protection against excessive bail. The right to resumption of innocence until the contrary is proved The right to be heard by himself/herself and counsel The right to be informed of the nature or the cause or the accusation against him/her. The right to have speedy, impartial and public trial.

10.

11. 12.

13.

14. 15. 16.

The right to have compulsory process to secure the attention of witness face to face and the production of evidence on his/her behalf. The right against self-incrimination The right, when under investigation for the commission of an offense, to remain silent and to counsel, and to be informed of his/her right The right against the use of force, violence, threat, intimidation or any other means which vitiates the free will The right against cruel and unusual punishment The right against excessive fines and The right against double jeopardy.