NURSING

JURISPRUDENCE
(RA 9173)
The Evolution of Nursing Law
ACT NO. 2493=MEDICAL ACT OF 1915
* PROVIDES FOR EXAMINATION AND
REGISTRATION OF NURSES

ACT NO. 2808= ( 1919 )
FIRST NURSING LAW OR ORGANIC ACT IN NURSING
1919=CREATION OF THREE MEMBER BOARD OF
EXAMINERS FOR NURSES
1920= IST BOARD EXAMS FOR NURSES
AMENDMENTS TO ACT NO. 2808:
ACT_______________ and ACT_________________

2. RA 877 = PHILIPPINE NURSING ACT OF
1953
AMENDMENTS TO RA 877:
RA 4704
RA 6136
3. RA 7164= PHILIPPINE NURSING ACT OF
1991
* BOARD MEMBERS TO 5
* UPPER 40% FOR FRESHMEN
* REFRESHER COURSE
* EXPANDS ROLE OF NURSES
* PROVIDED INTRAVENOUS THERAPY
TRAINING ( intravenous practice without
doctors supervision)
THE CURRENT NURSING LAW
RA 9173
THE PHILIPPINE NURSING ACT OF 2002
AUTHORS: CONG. CARLOS PADILLA
SEN . JUAN FLAVIER
HOUSE BILL 1084 (10-15-02)
SENATE BILL 2292 ( 10-08-02)
SIGNED INTO LAW OCTOBER 21,2002
COMPOSITION OF RA 9173
9 ARTICLES
41 SECTIONS
BOARD RESOLUTION _____________IMPLEMENTING
RULES AND REGULATIONS (IRR) of RA 9173
ARTICLES AT GLANCE
I- TITLE
II-DECLARATION OF POLICY
III-ORGANIZATION OF THE BOARD OF NURSING
IV-EXAMINATION AND REGISTRATION
V-NURSING EDUCATION
VI-NURSING PRACTICE
VII-HEALTH HUMAN RESOURCE PRODUCTION,UTILIZATION
AND DEVELOPMENT
VIII- PENAL AND MISCELLANEOUS PROVISIONS
IX-FINAL PROVISIONS

SUBSTANTIVE PROVISIONS
ARTICLE I = TITLE
ARTICLE II= DECLARATION OF POLICY
POLICIES OF THE STATE CONCERNING WELFARE
OF NURSES
FOUR MEASURES FOR THE PROTECTION AND
IMPROVEMENT OF NURSING:
1. RELEVANT NURSING EDUCATION
2. HUMANE WORKING CONDITIONS
3. BETTER CAREER PROSPECTS
4. DIGNIFIED EXISTENCE FOR FILIPINO NURSES

ARTICLE III: THE BOARD OF NURSING

Composition and Organizational Chart

BEFORE LEAKAGE AFTER LEAKAGE
PRESIDENT OF THE PHILIPPINES PRESIDENT OF THE PHILIPPINES
I I
PRC DOLE
I I
PROFESSIONAL REGULATORY BOARDS PRC
( BOARD OF NURSING) I
PROFESSIONAL REGULATORY
BOARDS
(BOARD OF NURSING)
BOARD OF NURSING

COMPOSITION: ___________CHAIRPERSON
___________ MEMBERS TOTAL:___________________
EXECUTIVE ORDER 496, SERIES OF 1991
( PROVIDES FOR SELECTION POLICIES )
STAGES FOR SELECTION:
A. NOMINATION _______Number of Nominees ____________________ nominating body
B. RECOMMENDATION_____Number of Recommendees_______________recommending body
C. APPOINTMENT__________Number of Appointees___________________appointing authority

TYPES OF APPOINTMENT:
A. REGULAR
B. AD-INTERIM OR TEMPORARY
C. HOLD-OVER DOCTRINE
QUALIFICATIONS OF BOARD MEMBERS

( Civil Service Doctrine Merit and Fitness = ____________________________)
Criteria:
CR=
R=
T=
M=
M=
M=
CR CITIZEN (NATURAL BORN), RESIDENT
R- RN
T- TEN YEARS OF PRACTICE LAST 5 PHILS.
M- MASTERS ( CHAIRMAN + 3)
M-MEMBER APO
M- MORALLY UPRIGHT

THREE AREAS OF NURSING TO BE
REPRESENTED IN THE BOARD OF NURSING:

A. E-
B. S-
C. C-
PROHIBITIONS:
A. FORBIDDEN OFFICE
B. INCOMPATIBLE OFFICE
TERM OF OFFICE VS. TENURE OF OFFICE


COMPENSATION= DOCTRINE OF QUANTUM
MERUIT_______________________________
______

ADMINISTRATIVE SUPERVISION OF BON BY
_____________
PRC AS CUSTODIAN OF BON RECORDS
PROVISION OF SECRETARIAT AND SUPPORT
SERVICES

POWERS AND DUTIES of the BON:
MINISTERIAL ( mandatory )
DISCRETIONARY
MINISTERIAL:
ADMINISTRATIVE
QUASI-JUDICIAL
QUASI-LEGISLATIVE
ADMINISTRATIVE POWERS AND
DUTIES/EXECUTIVE FUNCTIONS

1.R=
2.C=
3. I=
4. M=
5. E=
6. R=
QUASI-JUDICIAL POWERS AND DUTIES:

1. C=
2. I=

QUASI-LEGISLATIVE POWERS:

1. P=
2. P=

REMOVAL AND SUSPENSION OF BON:
C=
U=
C=

Three grounds for the removal and
suspension of the Board of Nursing
C CONVICTION

U
UNPROFESSIONAL,IMMORAL,UNETHICAL

C COMMISSION/TOLERATION
IRREGULARITIES IN THE BOARD EXAMS

POWER TO REMOVE AND SUSPEND:
(PRESIDENT OF THE PHILIPPINES)
REQUIREMENTS OF DUE PROCESS MUST BE
OBSERVED
DUE PROCESS:
SUBSTANTIVE
PROCEDURAL
A) NOTICE
B) HEARING
ARTICLE IV- EXAMINATION AND
REGISTRATION OF NURSES
LICENSURE: > EXAMINATION > SPECIAL OR
> RECIPROCITY TEMPORARY
> ENDORSEMENT PERMIT
PRC MODERNIZATION ACT 2000
( RA 8981 )
QUALIFICATIONS FOR EXAMS:
1. C=
2. M=
3. B=
SCOPE OF EXAMINATIONS

New Test Framework starting June,2006
Licensure examinations
New Label= The PNLE= Philippine Nurse
Licensure Examinations
Board Resolution 112, series of 2005:
Competency Standards for the Philippine
Nurse Licensure Examinations (PNLE)
11 Key Areas of Nursing Responsibilities
Who determines the scope of PNLE?
_______________________
Factors Considered in Determining the
Scope of PNLE:
1. O=
2. B=
3. O=

RATINGS IN THE BOARD EXAMINATIONS
PASSED_________________________________________________
CONDITIONED____________________________________________
FAILED___________________________________________________
> Is there a requirement for refresher Course?_______________________
> Is there a limitation in the number of board attempts?________________
> Removal for the Conditioned must be taken within ___________ period
after last examination failed
>Rating for removal is ______________

OATH OF OFFICE= requirement prior to entering the nursing practice
Persons who can administer oath of office:
1. ______________________
2.______________________
3.______________________
Meaning of
registration_____________________________________________________
Two documents issued to successful examinees:
1.___________________________________ and
2._________________________________

Contents of Certificate of Registration:
> f=
> s=
> s=
> s=
> o=
> o=


Contents of Professional Identification
Card:
> s______________________
> d______________________
> l_______________________
> d_______________________
> d_______________________

Registration by Reciprocity
REQUIREMENTS:
1. S-________________________________________________
2. S-________________________________________________
Who May be Given SPECIAL OR TEMPORARY
PERMIT to practice Nursing: ( LICENSED IN
COUNTRY OF ORIGIN)
1. I=
2. M=
3. E=

GROUNDS FOR NON-REGISTRATION AND NON-
ISSUANCE OF LICENSE:

1. C=
2. G=
3. D=

Vested power of: _____________________
REVOCATION______________________ AND
SUSPENSION_________________ OF LICENSE:
1. CONVICTION
2. INSANITY
3. UNPROFESSIONAL UNETHICAL CONDUCT
4. GROSS INCOMPETENCE/ SERIOUS
IGNORANCE
5. MALPRACTICE/NEGLIGENCE
6. FRAUD ,DECEIT, FALSE STATEMENTS TO OBTAIN
LICENSE
6. VIOLATIONS OF RA 9173,IRR,CODE OF ETHICS ETC,
7. PRACTICE WHILE ON SUSPENSION

SUSPENSION SHALL NOT BE MORE THAN _____________YEARS
GROUNDS FOR REISSUANCE OF REVOKED OR SUSPENDED CERTIFICATES
AFTER 4 YEARS
EQUITY AND JUSTICE
CAUSE HAS BEEN CURED OR CORRECTED
PROPER APPLICATION
PAYMENT OF REQUIRED FEES

ARTICLE V
NURSING EDUCATION
> SOUND GENERAL AND PROFESSIONAL
FOUNDATION
> RLE SHALL ADHERE TO_____________
POLICIES AND NURSING STANDARDS

REQUIREMENTS FOR INACTIVE NURSES

(Who are considered INACTIVE?_____________)
Requisites to return to practice:
> O=
> T=
(O- one month didactic T- three
months practicum)

QUALIFICATIONS OF FACULTY:
R=
O=
M=
M=

QUALIFICATIONS OF DEAN:
R=
F=
M=
M=

ARTICLE VI
NURSING PRACTICE

singly/collaboration (IFGC)
Conception-old age
Independent
practitioner=_______________________________________
_______
Member of health
team=____________________________________________
___

Scope of Nursing practice under RA
9173:
T- training
T-eaching
H-ealth education
E-establishment of linkages
N-nursing process

Nursing care through Nursing Process:
> traditional and innovative approach
> therapeutic use of self
> executing health care techniques and procedures
> essential primary health care
> comfort measures
> health teachings
> administration of written prescription for treatment,
therapies, medicines, internal exams

Nursing law does not apply to nursing
students
Observance of code of ethics, standards
and policies of nursing
Competence by continual learning

BASIC QUALIFICATIONS OF STAFF NURSES
B=BSN
R= RN

QUALIFICATIONS OF HEAD
NURSE/SUPERVISOR
R=
T=
M=
M=
QUALIFICATIONS OF CHIEF NURSES IN
SECONDARY/TERTIARY HOSPITALS:
R=
F=
M=
M=

CHIEF NURSES IN MILITARY HOSPITALS:
RFMM + COMPLETION OF GSC
GRACE PERIOD GIVEN TO THOSE WHO
OCCUPIED POSITION BUT ARE NOT
QUALIFIED:
( FIVE YEARS FROM 2003)= 2007-2008

ARTICLE VII

HEALTH HUMAN RESOURCE
PRODUCTION,UTILIZATION;AND
DEVELOPMENT (BON,APO,GO,NGO)
COMPREHENSIVE NURSING SPECIALTY
PROGRAM ( 90 DAYS FROM EFFECTIVITY)
BON,APO,SPO,DOH
AREAS: CRITIRCAL CARE,
ONCOLOGY,RENAL,ETC.

BENEFICIARIES REQUIRED TO SERVE THE
COUNTRY=__________ YEARS CONTINUOUS
SERVICE
COMPREHENSIVE SPECIALTY PROGRAM:
> NC I > NC II > CNS
10 % OF MANPOWER MUST BE TRAINED
PCSO/PAGCOR BUDGET
DOH TO SET CRITERIA

SALARY FOR PUBLIC HEALTH NURSES:
> SALARY GRADE _______________
> ___________________COMPENSATION AND
CLASSIFICATION ACT OF 1989
> ___________________Local Government
Code
> ___________________Magna Carta for Public
Health Workers

ARTICLE VIII
PENAL AND MISCELLANEOUS PROVISIONS
PENALTY- FINE-= 50-100K
IMPRISONMENT: 1-6 years or BOTH
ACTS
PUNISHABLE:________________________________
___ or ______________________________
Acts of Fraudulent Misrepresentation
L=icense or certification not conferred or without having
been declared exempt from examination in accordance
with the provision of this
O=obtain a certificate of registration/professional license,
a professional identification card or special permit falsely
I=invalid certificate of registration/professional license, a
suspended or revoked certificate of
registration/professional license, or an expired or
cancelled special/temporary permits; or
S=submitsany false evidence to the Board in order to
obtain a certificate of registration/professional license, a
professional identification card or special permit

F=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
A=appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered
Nurse) or any similar appendage to his/her name without having been
coferred said degree or registration
U=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
R=registered and licensed nurse, abets or assists the illegal practice
of a person who is not lawfully qualified to practice nursing
A= ny person or employer of nurses who violate the minimum base
pay of nurses and the incentives and benefits that should be accorded
them as specified in Sections 32 and 34

AGENCIES WITH DUTY TO ENFORCE
NURSING LAW
> PRC
> BON
> DULY CONSTITUTED OFFICERS OF THE LAW
>LOCAL GOVERNMENT AUTHORITIES
When can a nurse practice medicine?
1. MD SERVICES NOT AVAILABLE
2. THERE IS
EMERGENCY/CALAMITY
3. AUTHORIZATION FROM DOH SEC.
4. CEASE UPON TERMINATION OF
CALAMITY/EMERGENCY

When can a nurse practice
midwifery?

1. COMPLETE SCRUBS 20
2. PASS THE BOARD EXAMS

CURRENT UPDATES ON THE PROPOSED
REVISION of RA 9173:
House Bill: HB4567 by Congressman Padilla May 5,
2011
SB 2988 Ralph Recto Oct. 10, 2011
Salient Provisions included in the Revision:
The revisions seek to initiate reforms in Nursing
Practice to further protect and develop the nursing
profession to make nurses responsive to the needs
of the clients and the public and private health
systems locally and globally.