NURSE PRACTICE ACT

LAWS

those rules made by humans that regulate social conduct in a formally prescribed and legally binding manner.

Concept of Law

• the sum total of rules, and regulations by which society is governed

• rule of conduct pronounced by controlling authority

Three Essential Characteristics of a Law

• Authority or the right to declare that the rule exists

• Pronounced or expressed and the source can be identified ( must be declared in writing)

• Right to enforce the same

Principal Sources of Law:

• Constitution

• Statutes or legislations (Republic Acts)

• Regulations issued by the Executive Branch of the government (Executive Orders)

• Case decisions or judicial opinions

• Presidential decrees

• Letters of Instructions

Nursing Legislation

• The making of laws or the body of laws already enacted affecting the science and the art and practice of nursing

NURSE PRACTICE ACT

• Law regulating the practice of nursing in a country or state.

• Serves to define nursing and give guidance within the scope of practice issues.

PURPOSES:

• Protects the public at large from unsafe practitioners

• Sets standards for nursing profession.

CONTENTS

• Contains general statements of appropriate professional nursing actions.

• Contains general provisions which gives guidance to acceptable acts.

ELEMENTS

1. Definition of Professional Nursing

2. Requirements for Licensure

3. Exemptions

4. Licensure Across Jurisdiction

5. Disciplinary Action and Due Process Requirements

6. Creation of Board of Nursing

7. Penalties for Practicing Without A License

Historical Perspectives of Philippine Nursing Law

• 1915 Act 2493 – regulated the practice of medicine and provided for the examination and registration of nurses in the Philippine islands

• 1919 Act 2808 – the First true Nursing Law was passed, creating a Board of Examiners for Nurses

-”An Act Regulating the Practice of the Nursing Profession in the Philippine Islands”

• 1920 - first board examination for nurses was given

• March 8, 1922 Act 3025 - provided for the

registration of Red Cross aids and welfare workers.

• November 28, 1928 Act 3438 – changing the

dates of exam from second Monday of April and October to second Monday of April and the fourth Monday of October of each year.

• December 5, 1932 Act 4007 – “The

Reorganization Law of 1932”

- the conduct of board examinations was placed under the direct supervision of the Bureau of Civil Service.

Historical Perspectives

RA 546 (June 1950) • Recognized and placed all the Boards of Examiners

under the direct supervision of the President of the Philippines.

• Appointment of Board of Examiners by the President of the Philippines

• Prescribed general procedure for appointing Board of Examiners.

• Vested in BEN the power to set professional standards in Nursing Practice and prescribe the collegiate course

Historical Perspectives

• June 19, 1953 - R.A. 877 - “The Philippine Nursing Law” was passed.

-more comprehensive nursing law in the Philippines

Provisions: organization of the Board of Examiners provisions regarding nursing schools and colleges examination and registration of nurses sundry provisions relative to the practice of nursing

Historical Perspectives

June 1966 RA 4704 – Amended portions of RA 877

• Board membership increased from 3 to 5

• Members of the Board appointed by the President approved by the COA no longer upon the Commissioner of Civil service

• Required academic degree of Master’s degree for board members.

• Disqualifying age is 65 years old

• Maximum total compensation of P18,000/year

• Academic Qualifications of Deans, Directors and Principals of schools of Nursing was raised to Master’s degree

• Areas of study: generalized curriculum (physical, biological, social & behavioral; humanities, chemistry, psychology, zoology)

Historical Perspectives

• Scope of Nursing Practice:

Reporting, recording and evaluation of patient’s care

Supervision of persons contributing to nursing care of patients

Execution of nursing procedures and techniques

Direction and education to secure physical and mental care

Application and execution of MDs’ orders concerning treatments and medications.

Dates of holding nurse’s exams- no longer fixed

Minimum required age lowered from 21 to 18 but permitted to practice only when he/she reaches 21 years old.

Historical Perspectives

Aug 1970 RA 6136 amended part of Sect 17

of RA 877.

• Broadened the scope of professional functions of RN in the application and execution of MDs’ orders

• Authorized the RN to administer parenteral medications provided the act is done under the direction of and in the presence of a physician.

• July 1, 1972 Act 6511 – amended RA 465 which

standardized the examination and registration fees charged by the various boards of examiners.

Historical Perspectives

• R. A. 7164 known as “The Philippine Nursing Act of 1991” codified and revised all the laws regulating the practice of nursing in the Philippines

Salient Features: Redefinition of the scope of nursing practice Educational qualification of master’s degree for faculty and

deans of colleges of nursing Educational qualifications of administrators of nursing services Inclusion of the phrase “unethical conduct as one of the reasons

for revocation and suspension of certificate of registration

Historical Perspectives

• R.A. 9173 – otherwise known as “Philippine Nursing Act of 2002” repealed R.A. 7164

Salient Features:

Increases the composition of the Board to 7

Recognizes the specialty certification program

Requires those inactive in practice to undergo I month didactic and 3 months practicum

Provides for incentives and benefits system for nurses and dependents

Upgraded the salary of government nurses to SG15.

Historical Perspectives

• BON Resolution No. 425, series of 2003- also known as the “Implementing Rules and Regulations of the Philippine Nursing Act of 2002”

• Issued pursuant to Section 38, Article IX of RA No. 9173, entitled “An Act Providing for a More Responsive Nursing Profession, Repealing for the Purpose RA No. 7164.

• Mandating the BON, PRC, APO, DOH, DBM and other concerned gov’t agencies to formulate the rules and regulations that will effectively implement the provisions of the law.

Comparison Between RA 7164 and RA 9173

ARTICLE RA 7164 ARTICLE III-Organization of the BON 1. Components 5 members

2. Qualifications Master’s degree of the Board in Nursing

RA 9173 7 members; shall represent

3 areas of Nursing: education, service & community

Master’s Degree in Nursing,

Education or other related medical profession; majority shall be Master’s degree in Nursing and the chairperson shall be holder of Master’s Degree in Nursing

RA 7164

3. Requirements Resign from any upon quali- teaching position, cation as review program, member of employment in the any government board office or its

subsidiary.

4. Power and Recommend Duties of the for opening of Board schools.

RA 9173

In addition to provisions of RA 7164 to resign from private sector.

- Recommend opening of schools of Nursing.

- Promulgate Code of Ethics.

- Recognize Nursing Specialty organizations.

RA 7164 ARTICLE IV-Examination and Registration 1. Examination/ Registration Refresher Course

after 3rd failure 2. Oath No Provision 3. Practice thru No Provision special or temporary permit

RA 9173 No refresher course To be conducted by the

board or authorized government official.

With provision in the

new law.

RA 7164

ARTICLE V: NURSING EDUCATION

1. Requirement for No provision inactive nurses

returning to

practice

2. General entrance Upper 40% of requirement the graduating

class.

3. Qualification of Faculty must have the faculty at least 3 yrs of

clinical practice.

Deans must have

3 yrs of clinical

practice.

RA 9173

Requires inactive nurses for 5 years to undergo 1 month didactic training and 3 months practicum.

Deleted in the new law.

Faculty must have at least 1 yr of clinical practice. Deans must have 5 yr of practice.

RA 7164

ARTICLE VI: NURSING PRACTICE

1.Scope

1.1 Clientele Stages of

development of

clientele not

specified.

1.2 Nursing Special Training Care for IV;motivation

of individuals,

families and

communities.

RA 9173

Clientele is inclusive of all the stages of development from conception to old age.

Training for suturing of perineal lacerations. Provide health education to individual, families and communities.

RA 7164

1.3 Additional

Provisions

2. Qualifications of Master’s degree Nursing Service major in Nursing

Administrators Service

Administration

RA 9173

Duty bound to observe Code of Ethics and uphold the standards of Safe Nursing Practice. Maintain competence by continual learning thru CPE, Development of Advanced Nursing Practice.

Master’s degree in Nursing; Chief Nurse in Public Health-Master’s degree in Public Health or CHN; Chief nurse in Military Hospital- Master’s degree & completion of General Military course.

RA 7164

ARTICLE VII: HEALTH HUMAN RESOURCES

1. Composition of No Provision

Nursing Health

Programs

2. Salary No Provision

3. Funding for No Provision Comprehensive

Specialty Nursing

Program

RA 9173

To develop comprehensive Nursing Specialty programs. Beneficiaries of this program shall serve at least 2 years of continuous service.

Minimum basic pay of nurses in public health institution is not lower than grade 15.

10% of the Nursing staff shall be trained annually with funding from PCSO & PAGCOR.