ra 7164 vs. ra 9173

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

COMPARISON OFREPUBLIC 7164 AND REPUBLIC ACT 9173

Republic of the PhilippinesProfessional Regulation CommissionManila

REPUBLIC ACT NO. 7164

AN ACT REGULATING THE PRACTICEOF NURSING IN THE PHILIPPINES

Be it enacted by the Senate and House ofRepresentative of the Philippines in Congressassembled:

Article I

TITLE

Section 1. Title. This Act shall beknown as the Philippine Nursing of 1991.

Article II

DECLARATION OF POLICY

Sec.2. Declaration of Policy. It ishereby declared the policy of the State to assumeresponsibility for the protection andimprovement of the nursing profession byinstituting measures that will result in relevantnursing education, and in humane workingconditions, better career prospects, and adignified existence for our nurses.

The State hereby guarantees the

delivery of basic health services through anadequate nursing personnel throughout thecountry.

Article III

ORGANIZATION OF THE BOARD OFNURSING

Sec.3. Name and Composition of theBoard. There shall be created a Board of

Nursing to be composed of a Chairman and four

(4) members who shall be appointed by the

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Republic of the PhilippinesCongress of the PhilippinesManilaTwelfth CongressSecond Regular session

Begun and held in Metro Manila, on Monday,the twenty-second day of July, two thousandtwo.

REPUBLIC ACT NO. 9173

AN ACT PROVIDING FOR A MORERESPONSIVE NURSING PROFESSION,REPEALING FOR THE PURPOSEREPUBLIC ACT NO.7164, OTHERWISEKNOWN AS THE PHILIPPINE NURSINGACT OF 1991 AND FOR OTHER

PURPOSES.

Be it enacted by the Senate and the House ofRepresentatives of the Philippines in Congressassembled:

Article I

TITLE

Section 1. -This act shall be knownas the Philippine Nursing Act of 2002

Article IIDECLARATION OF POLICY

Sec.2. Declaration of Policy. -It ishereby declared the policy of the State to assumeresponsibility for the protection andimprovement of the nursing profession byinstituting measures that will result in relevantnursing education, humane working conditions,better career prospects, and a dignified existenceof our nurses.

The State hereby guarantees thedelivery of quality basic health services throughan adequate nursing personnel systemthroughout the country.

Article III

ORGANIZATION OF THE BOARD OFNURSING

Sec.3. Creation and Compensation of

the Board. -There shall be created aProfessional Regulatory of Nursing, hereinafter eBoard, to be composed of a Chairperson and six

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LSU BSN 4 LeiningerCI: Mr. Dennis Montemor, RN

President from a list of twelve (12) nomineeswho are registered nurses of recognized

standingin the Philippines and who possess thequalifications prescribed in Section 5 of this Actas certified by the accredited national nursesassociation to the Professional Regulation Commission..

Sec.4. Powers and Duties of theBoard. -The Board shall have the followingpowers, duties, and functions

a.

Supervise and regulate the practiceof the nursing profession.b.Describe the subjects in thelicensure examination, determinethe syllabi of the subjects, and theirrelative weight, construct the testquestions in the licensureexamination, and score and rate theexamination paper. The Boardshall, within one hundred twenty(120) days after the examination,submit a report of the examination

result which shall contain theweighted average rating of eachexaminee to the Office of thePresident for release andpublication;c.Issue, suspend, or revokecertificates of registration for thepractice of nursing;d.Study the conditions affecting thenursing practice in the Philippinesand exercise the powers necessaryto ensure the maintenance ofefficient, ethical, technical, moraland professional standards in thepractice of nursing, taking intoaccount the health needs of thenation;e.Examine the prescribed facilities ofthe universities or colleges seekingpermission to open new colleges ofnursing or departments of nursingeducation in order to ensure that

standards and essentialrequirements for a qualified deanand faculty and adequate budget

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are properly complied with andmaintained at all times. Theauthorization to open colleges ofnursing shall be based upon thefavorable written recommendationof both the Board and the(6) members. They shall be appointed by the

President of the Republic of the Philippines fromamong two (2) recommendees, per vacancy, ofthe Professional Regulation Commission,hereinafter referred to as the Commission,chosen and ranked from a list of three (3)nominees, per vacancy, of the accreditedprofessional organization of nurses in thePhilippines who posses the qualificationsprescribed in Section 4 of this Act.Sec.4 . Qualification of the

Chairperson and Members of the Board.

The Chairperson and Members of the Board

shall, at the time of their appointment, possess

the following qualifications:a.) Be a natural born citizen and resident ofthe Philippines;b.) Be a member of good standing of theaccredited professional organization ofnurses;

c.) Be a registered nurse and holder of amasters degree in nursing, education orother allied medical professionconferred by a college or universityduly recognized by the Government;Provided, That the majority of theMembers of the Board shall be holdersof a masters degree in nursing;Provided, further that the Chairpersonshall be a holder of a masters degree innursing;d.) Have at least ten (10) years ofcontinuous practice of the professionprior to appointment: Provided,however, That the last last five (5)years of which shall be in thePhilippines; ande.) Not have been convicted of anyoffenses involving moral turpitude;

Provided, That the membership of the Boardshall represent the three (3) areas of nursing,namely: nursing education, nursing serviceand community health nursing.

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Department of Education, Cultureand Sports;

f.Require nurses who graduate fromstate colleges and universities torender, after being issued thenecessary board licenses, at leastone (1) year of nursing service inthe Philippines before they areallowed to leave for overseas jobs;g.Investigate violation of this Act.For this purpose it may, through its

Chairman, with the approval of theBoard issue summons, subpoena orsubpoena duces tecum to violatorsof this act and witnesses thereofand to compel their attendance bythe power of contempt; andh.Promulgate decisions or adoptmeasures as may be necessary forthe improvement of the nursingpractice, for the advancement of theprofession, and for the proper andfull enforcement of this Act.

Sec. 5. Qualifications of BoardMembers. A member of the Board shall:

a.Be a citizen and resident of thePhilippines;b.Be a member in good standing ofthe accredited national nursesassociation;c.Be a registered nurse and holder ofa masters degree in nursingconferred by a college or universityduly recognized by theGovernment;d.Have at least ten (10) years ofcontinuous practice of theprofession prior to appointment;e.Not be a holder of a green card orits equivalent; andf.Not have been convicted of any

offense involving moral turpitudeeven if previously extended pardonby the President of the Philippines.

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Sec. 6. Requirements UponQualification as Member of the Board ofNursing. -Any person who qualifies asChairman or member of the Board shallautomatically resign from any teaching positionin any school, college, or university and/orreview program for the local nursing board

Sec. 5. Requirements UponQualification as a Member of the Board ofNursing. -Any person appointed as aChairperson or Member of the Board shallimmediately resign from any teaching position inany school, college, university offering Bachelorof Science in Nursing an/or other reviewprogram for the local nursing boardexaminations or in any office or employment inthe government or any subdivision, agency orinstrumentality thereof, including government-

owned or controlled corporations or theirsubsidiaries as well as those employed in theprivate sector. He/shall not have any pecuniaryinterest in or administrative supervision over anyinstitution offering Bachelor of Science inNursing including review classes.

Sec. 6. Term of Office -TheChairperson and Members of the Board shallhold office for a term of three (3) years and untiltheir successors shall have been appointed andqualified: Provided, That the Chairperson andMembers of the Board may be reappointed for

another term.

examinations or in any office or employment inthe Government or any subdivision, agency, or

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instrumentality thereof, including government-owned or controlled corporations or theirsubsidiaries. He shall not have any pecuniary

interest in or administrative supervision over anyinstitution offering basic nursing educationprograms, including review classes.

Sec. 7. Term of Officer. -TheChairman and the members of the Board shallhold office for a term of three (3) years and untiltheir successors shall have qualified: Provided,That a member of the Board may be reappointedfor another term not exceeding three (3) years:Provided further, That in the event only one (1)member of the Board is reappointed, he or she,

by virtue of seniority, shall automaticallybecome the Chairman of the new Board.However, in case two (2) or more members arereappointed, the best qualified among them, tobe determined by all the members of the newBoard, shall become the new Chairman of theBoard; Provided; finally, That, in case allmembers of the old Board are reappointed or allmembers are new, all the members of the newBoard shall determine the best qualified fromamong themselves who shall be recommended tothe President of the Philippines to be theChairman of the Board.

Any vacancy in the Board occurringwithin the term of a member shall be filled forthe unexpired portion of the term only. Eachmember of the Board shall take the proper oathof office prior to the performance of his or herduties.

Sec.8. Compensation of the BoardMembers. The Chairman and members of theBoard shall receive as compensation an amountequal to that given the Chairman and members ofother government boards situated underanalogous circumstances.

Sec. 9. Removal of Board Members. ThePresident may remove any member of theBoard on the following grounds after giving themember concerned an opportunity to defendhimself or herself in a proper administrativeinvestigation to be conducted under thesupervision and control of the Department ofJustice, upon instruction of the President:

a. Continued neglect of duty or

incompetence;Any vacancy in the Board occurring within theterm of a Member shall be filled for the

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unexpired portion of the term only. Each

Member of the Board shall take the proper oathof office prior to the performance of his/herduties.

The incumbent Chairperson and

Members of the Board shall continue to serve forthe remainder of their term under Republic Act.No. 7164 until their replacement have beenappointed by the President and shall have beenduly qualified.

Sec. 7. Compensation of BoardMembers. -The Chairperson and Members ofthe Board shall receive compensation andallowances comparable to the compensation andallowances received by the Chairperson andmembers of other professional regulatory

boards.

Sec. 8. Administrative Supervisionof the Board, Custodian of its Records,Secretariat and Support Services. -TheBoard shall be under the administrativesupervision of the Commission. All Records ofthe Board, including applications forexaminations, administrative and otherinvestigative cases conducted by the Board, shallbe under the custody of the Commission. TheCommission shall designate the Secretary of theBoard and shall provide the secretariat and other

support services to implement the provisions ofthis Act.

Sec. 9. Powers and Duties of theBoard. -The Board shall supervise andregulate the practice of the nursing profession

b. Commission or toleration ofirregularities in the examinationconducted by the Board; andc. Unprofessional or dishonorableconduct.

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b. Issue, suspend or revokeSec. 10. Rules and Regulations. -certificates of registration for theThe Board shall promulgate such rules and practice of nursing;

regulations as may be necessary to carry out c. Monitor and enforce qualitythe provisions of this Act. standards of nursing practice inthe Philippines and exerciseSec. 11. Records. -All records of the powers necessary to ensure theBoard of Nursing, including examination papers, maintenance of efficient, ethicalminutes of deliberations, records of and technical, moral andadministrative cases and investigations, and professional standards in theexamination results shall be kept by the practice of nursing taking intoProfessional Regulation Commission under the account the health needs of thedirect 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 prescribedprior authorization of the Board. facilities of universities orcolleges of nursing orSec.12. Examination Required. -All departments of nursing educationapplicants for license to practice nursing shall be and those seeking permissiontorequired to pass written examinations by the open nursing courses to ensureBoard of Nursing. that the standards of nursingeducation are properly compliedSec. 13. Qualifications of Applicants. with and maintained at all times.-In order to be admitted to the examination for The authority to open and closenurses, an applicant must, at the time of filing his colleges of nursing and/oror her application, establish to the satisfaction of nursing education programs

shallthe Board of Nursing that: be vested on the Commission onHigher Education upon thea. He/She is a citizen of the written recommendation of thePhilippines, or a citizen or Board.subject of a country which e. Conduct hearings andpermits Filipino nurses to investigations to resolvepractice within its territorial complaints against nurselimits on the same basis as the practitioners for unethical andsubject or citizen of such unprofessional conduct andcountry: Provided, That the violations of this Act, or its rulesrequirements for the registration and regulations and in connectionor licencing of nurses in said therewith, issue subpoena andcountry are substantially the testificandum and subpoenasame as those prescribed in this duces tecum to ensure theAct; appearance of respondents andb. He or she is at least eighteen (18) witnesses and the production ofyears of age: Provided that any documents and punish withunderage applicant who contempt persons obstructing,successfully passes the impeding, and/or otherwiseexamination shall not be interfering with the conduct ofpermitted or licensed to practice such proceedings, uponnursing until he or she shall have application with the court.reached the age of majority; f. Promulgate a Code of Ethics incoordination and consultation

and shall have the following powers, duties, and c. He or she is in good healthand isfunctions: of good moral character; and

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d. He or she is a holder of aa. Conduct the licensure bachelors degree in nursing fromexamination for nurses; a college or university duly

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recognized by the propergovernment agency.

Sec.14. Licensure Examination. Thelicensure examination for the practice ofnursing in the Philippines shall be given bythe Board not earlier than one (1) month butnot later than two (2) months after the closingof the semester prescribed by the Departmentof Education, Culture and sports. Theexamination shall be held in the City ofManila or in such places as may be decidedby the Board subject to the approval of theProfessional Regulation Commission.

Sec. 15. Scope of Examination. -Thescope of examination for the practice ofnursing in the Philippines shall be determinedby the Board. The Board shall take intoconsideration the objectives of the nursingcurriculum, the board areas of nursing, andother related disciplines and competencies indetermining the subjects of examinations.

Sec.16. Rating in the Examination. Inorder to pass the examination, an examineemust obtain a general average rating of at

least seventy-five percent (75%) with a ratingof not below sixty percent (60%) in anysubject. An examinee who obtains anaverage rating of seventy five percent (75%)or higher but gets a rating below sixty percent(60%) in any given subject must take theexamination again, but only in the subject orsubjects where he or she rated below sixtypercent (60%).

In order to pass the succeedingexamination, an examinee must obtain arating of at least seventy five percent (75%)in the subject or subjects repeated.

An examinee who, despite the thirdexamination, fails to obtain at lest seventyfive percent (75%) in the subject or subjectsrepeated shall no longer be allowed to takethe examination, unless he proves to thesatisfaction of the Board that he/she hasundergone a refresher course consisting inenrollment and passing in the regular fourthyear subjects in a recognized nursing school.

with the accredited professional

organization of nurses within one

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(1) year from the effectivity ofthis Act;g.Recognize nursing specialtyorganizations in coordinationwith the accredited professional

organization; and

h.Prescribe, adopt, issue andpromulgate guidelines,regulations, measures anddecisions as may be necessary forthe improvement of the4 nursingpractice, advancement of theprofession and for the proper andfull enforcement of this Actsubject to the review and

approval by the Commission.Sec.10. Annual Report. -TheBoard shall at the close of its calendaryear submit an annual report to thePresident of the Philippines through theCommission giving a detailed accountof its proceedings and theaccomplishment during the year andmaking recommendations for theadoption of nurses that will upgrade andimprove the conditions affecting thepractice of the nursing profession.

Sec. 11. Removal or Suspension ofBoard Members. The President may removeor suspend any member of the Board after beengiven the opportunity to defend himself/herselfin a proper administrative investigation, on the

following grounds:a.b.Continued neglectincompetence;Commission orof dutytoleranceorofc.irregularities inexamination; andUnprofessional,the licensureimmoral or

dishonorable conduct.

Sec.17. Issuance of Certificates. certificateof registration as nurse shall be

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issued to any applicant who passes theexamination upon payment of the prescribedfees. Every certificate of registration shallallow the full name of the registrant; theserial number, the signature of the members

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of the Board, and the official seal of theBoard.

Sec. 18. Fees for Examination andRegistration. -Applicants for licensureexamination and for registration shall pay theprescribed fees set by the ProfessionalRegulation Commission.

Sec. 19. Registration by Reciprocity.-Certificates of registration may be issuedwithout examination to nurses registered

under the laws of any foreign state orcountry: Provided, That the requirements forthe registration or licensing of nurses in saidcountry are substantially the same as thoseprescribed under this Act: Provided, further,That the laws of such state or country grantthe same privileges to registered nurses of thePhilippines on the same basis as the subjector citizens of such foreign state or country.

Sec. 20. Non-issuance of Certificatesin Certain Cases. -No pe4rson convicted

by final judgment of any criminal offenseinvolving moral turpitude or any personguilty of immoral or dishonorable conductshall be issued a certificate of registration.

The Board shall furnish the applicant awritten statement setting forth the reasons forits actions which shall be incorporated in therecords of the Board.

Sec.21. Revocation and Suspensionof Certificates. -The Board shall have thepower to revoke or suspend the certificate ofregistration of a nurse upon any of thefollowing grounds;

a.For any of the causes mentionedin the preceding section;b.For unprofessional and unethicalconduct;

c.For gross incompetence andserious ignorance;

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d.For malpractice or negligence inthe practice of nursing; ore.For the use of fraud, deceit, orfalse statements in obtaining acertificate of registration.

Sec.22. Re-issuance of RevokedCertificates and Replacement of LostCertificates. -The Board may, for reasons ofequity and justice or when the cause forrevocation has disappeared or has been cured

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and corrected, upon proper application thereforeand the payment of the required fees, issue

another copy of the certificate of registration.

Article IV

NURSING EDUCATION

Sec.23. General EntranceRequirements. -Applicants desiring toenroll in a nursing course must belong to theupper forty percent (40%) of the graduatingclass of the general secondary course, ascertified by the school.

Sec.24. Nursing Education Program.-The nursing education program shallprovide sound academic and professionalfoundation for the practice of nursing.

Sec.25. Nursing Experiences. -Thelearning experiences required in a classroom,hospital, home, community or otherhealth/welfare agency shall adhere strictly tospecific requirements embodied in theprescribed curriculum for the nursing courseand in rules, policies and standards of nursing

education. Such learning experiences shallnot be less than six (6) units or its equivalent.

Sec. 26. Qualifications of the Faculty.-A member of the faculty in a college orschool of nursing must:

a.Be a Filipino citizen;b.Be a registered nurse in thePhilippines;c.Have at least three (3) years ofclinical practice in a field ofspecialization;d.Be a member of good standing inthe accredited national nursesassociation; andArticle IV

EXAMINATION ANDREGISTRATION

Sec. 12 Licensure Examination. Allapplicants for license to practice nursingshall be required to pass a written examination,

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which shall be given by the Board in such placesand dates as may be designated by theCommission; Provided, That it shall be inaccordance with Republic Act. No. 8981,otherwise known as the PRC Modernization Actof 2000.

Sec. 13 Qualifications for Admissionto Licensure Examination. -In order to beadmitted to the examination for nurses, anapplicant must, at the time of filing his/herapplication, establish to the satisfaction of theBoard that:

a.He/ She is a citizen of the Philippines,or a citizen or a subject of a countrywhich permits Filipino nurses topractice within its territorial limits on

the same basis as the subject or citizenof such country: Provided, That therequirements for the registration orlicencing of nurses in said country aresubstantially the same as thoseprescribed in this Act;b.He/She is a person of good moralcharacter; andc.He/ She is a holder of a BachelorsDegree in Nursing from a college oruniversity that complies with the

standards of nursing education dulyrecognized by the proper governmentagency .e.Be a holder of a masters degreein nursing or other related fieldsconferred by a college oruniversity duly recognized by theGovernment of the Republic ofthe Philippines: Provided,however, That nothing in this Actshall be construed to disqualifythose who have already beenconsidered qualified and actuallyoccupying the position before the

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effectivity of this Act. Provided,further, That those occupying

such position before theeffectivity of this Act shall begiven a period of five (5) yearsfrom the date of effectivity ofthis Act within which to qualifyunder the provision hereof.Provided, finally, That by theyear 2000, all colleges of nursingshall only employ facultymembers with a masters degreein nursing or in other relatedfields.

In addition to the aforementionedqualifications, the dean of a college or school ofnursing must have at least three (3) years ofexperience in teaching and supervision innursing education, and preferably must have amaster' degree in administration and supervisionof nursing education programs.

Article V

NURSING PRACTICE

Sec. 27. Scope of Nursing. -A personshall be deemed to be practicing nursing withinthe meaning of this Act when he/she, for a fee,salary or other reward or compensation, singly orin collaboration with another, initiates andperforms nursing services to individuals, familiesand communities in various stages ofdevelopment toward the promotion of health,prevention of illness, restoration of health, andalleviation of suffering through:

a.Utilization of the nursingprocess, including assessment,planning, implementation andevaluation of nursing care.Nursing care includes, but is notSec. 14. Scope of Examination. -Thescope of the examination for the practice ofnursing in the Philippines shall be determined bythe Board. The Board shall take intoconsideration the objectives of the nursingcurriculum, the board areas of nursing, and otherrelated disciplines and competencies indetermining the subjects of examinations.

Sec. 15. Ratings. -In order to passthe examination, an examinee must obtain a

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general average of at least seventy-five percent

(75%) with a rating of nor below sixty percent(60%) in any subject. An examinee who obtainsan average rating of seventy five percent (75%)or higher but gets a rating below sixty percent(60%) in any subject must take examination

again but only in the subject or subjects wherehe/she is rated below sixty percent (60%). Inorder to pass the succeeding examination, anexaminee must obtain a rating of at least seventyfive percent (75%) in the subject or subjectsrepeated.

Sec. 16. Oath. -All successfulcandidates in the examination shall be requiredto take an oath of profession before the Board orany government official authorized to administeroaths to entering upon the nursing practice.

Sec. 17. Issuance of Certificate ofRegistration/Professional License andProfessional Identification Card. -Acertificate of registration/professional license asa nurse shall be issued to an applicant whopasses the examination upon payment of theprescribed fees. Every certificate ofregistration/professional license shall show thefull name of the registrant, the serial number, thesignature of the Chairperson of the Commissionand of the Members of the Board, and theofficial seal of the Commission.

A professional identification card, duly signedby the Chairperson of the Commission, bearingthe date of registration, license number, and thedate of issuance and expiration thereof shalllikewise be issued to every registrant uponpayment of the required fees.

Sec. 18. Fees for Examination andRegistration. -Applicants for licensure and forregistration shall pay the described fees set byCommission.

limited to, traditional andinnovative approaches in use ofself, executing nursingtechniques and procedure,comfort measures, healthteaching and administration oflegal and written prescriptionsfor treatment, therapies,medication and hypodermic,intramuscular, or intravenousinjections: Provided, however,That, in the administration of

intravenous injections, special

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training shall be requiredaccording to protocol

established;

b.Establishment of linkages withcommunity resources andcoordination of the health team:c.Motivation of individuals,families, and communities;resources and coordination ofservices with other members ofthe health team;

d.Participation in teaching,guidance, and supervision ofstudents in nursing educationprograms, including administeringnursing services in varied settingssuch as hospitals, homes,communities and the like;undertaking consultation services;and engaging in such otheractivities that require theutilization of knowledge anddecision-making skills of a

registered nurse; ande.Undertaking nursing and healthmanpower development trainingand research and solicitingfinances therefore, in cooperationwith the appropriate governmentor private agency; Provided,however, That this provision shallnot apply to nursing students whoperform the nursing functionsunder the direct supervision ofqualified faculty.Sec.28. Qualifications of NursingService Administrators. -A person occupyingsupervisory or managerial positions requiringknowledge of nursing must:

Sec. 19. Automatic Registration ofNurses. -All nurses whose name s appear at theroster of nurses shall be automatically or ipsofacto registered as nurses under this Act upon itseffectivity.

Sec. 20 Registration by Reciprocity. A

certificated of registration/professional licensemay be issued without examination to nursesregistered under the laws of a foreign state or

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country: Provided, That the requirements forregistration or licensing of nurses in said countryare substantially the same as those prescribedunder this Act: Provided, further, That the laws

of such state or country grant the same privilegesto registered nurses of the Philippines on the

same basis as the subjects or citizen of suchforeign state or country.

Sec. 21. Practice ThroughSpecial/Temporary Permit. -Aspecial/temporary permit may be issued by theBoard to the following persons subject to theapproval of the Commission and upon paymentof the prescribed fees:

a. Licensed nurses from foreigncountries/.states whose service are

either for a fee or free if they areinternationally well-known specialistsor outstanding experts in any branch orspecialty of nursing;b. Licensed nurses from foreigncountries/states on medical missionwhose services shall be free in aparticular hospital, center or clinic; andc. Licensed nurses from foreigncountries/states employed byschools/colleges of nursing as exchangeprofessors in a branch or specialty ofnursing; Provided, however, That the

special/temporary permit shall beeffective only for the duration of theproject, medical mission or employmentcontract.Sec. 22. Non-registration and Non-

issuance of Certificates of Registration. -Noperson convicted by the final judgment of anycriminal offense involving moral turpitude orany person guilty of immoral or dishonorableconduct or any person declared by the court to beunsound mind shall be registered and be issued acertificate of registration/professional license ora special/temporary permit.

a.Be a Filipino or a former citizenwho has officially declaredhis/her intention to reacquireFilipino citizenship;b.Be a registered nurse in thePhilippines;c.Be a member in good standing of

the of the accredited nationalorganization of nurses;d.

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Have at least two (2) yearsexperience in general nursingservice administration; ande.Possess a degree of Bachelor ofScience in Nursing, with at least

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nine (9) units in managementcourses at the graduate level.

Provided, That a person occupying the position ofchief nurse or director of nursing service shall, inaddition to the foregoing qualifications, possess:

a.At least five (5) years ofexperience in a supervisory ormanagerial position in nursing;;andb.A masters degree major in

nursing service administration orits equivalent: Provided,however, That those occupyingsuch position before theeffectivity of this Act shall begiven a period of five (5) yearsfrom the date of effectivity of thisAct within which to qualify;Provided, further, That, by theyear 2000, only holders of amasters degree major in nursingadministration shall be appointedto such position: Provided,

finally, That, for hospitals withbed capacity of fifty (50) andbelow, the minimum academicqualification and experiences fora chief nurse shall be as specifiedunder subsections ( c ), (d) an d(e) of this section.Article VI

HEALTH HUMAN RESOURCEDEVELOPMENT, PRODUCTION, ANDUTILIZATION

The Board shall furnish the applicant awritten statement setting forth the reasons for itsactions, which shall be incorporated in the recordsof the Board.

Sec. 23. Revocation and Suspension.The Board shall have the power to revoke orsuspend the certificate of registration/professionallicense or cancel the special/temporary permit of anurse upon any of the following grounds:

a.For any of the causes mentioned in

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the preceding section;b.For unprofessional and unethicalconduct;d. For gross incompetence or seriousignorance;c. For malpractice or negligence in the

practice of nursing;e. For the use of fraud, deceit, or falsestatements in obtaining a certificated ofregistration/professional license or atemporary/ special permit;f. For violation of this Act, the rules andregulations, Code of Ethics for nursesand technical standards for nursingpractice, policies of the Board and theCommission, or the conditions andlimitations for the issuance of thetemporary special permit; or

g. For practicing his/her profession duringhis/her suspension from such practice;Provided, however, That the suspensionof the certificate ofregistration/professional license shall befor a period not to exceed four (4) years.Sec. 24. Re-issuance of Revoked

Certificates and Replacement of LostCertificates. -The Board may, after theexpiration of a maximum of four (4) years fromthe date of revocation of a certificate, for reasonsof equity and justice and when the cause of

revocation has disappeared or has been cured andcorrected, upon proper application therefore andthe payment of the required fees, issue anothercopy of the certificate of registration/professionallicense.

A new certificated/professional license to replacethe certificated that has been lost, destroyed ormutilated may be issued, subject to the rules ofthe Board.

Sec.29. Studies for NursingManpower Needs, Production, Utilization andDevelopment. -The Nursing Board shallundertake a studies and initiate and/or cooperatewith appropriate government or private agenciesin the conduct of studies for health humanresource production, utilization, anddevelopment.

Article VII

PENAL AND MISCELLANEOUSPROVISIONS

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Sec. 30. Prohibitions in the Practiceof Nursing, -A fine of not less than Ten

thousand pesos ( P 10,000.00) nor more thanForty Thousand pesos (p 40,000.00) orimprisonment of not less than one (1) year normore than six (6) years, or both, in the discretionof the court, shall imposed upon:

a. Any person practicing nursing in thePhilippines within the meaning of this Act:1. Without a certificate ofregistration or without havingbeen declared exempt from theexamination in accordance with

the provisions of this act;2. Who uses as his/ her own thecertificate registration of another;3. Who uses an expired,suspended, or revoked certificateof registration;4. Who gives any false evidenceto the Board of Nursing in orderto obtain a certificated ofregistration;5.Who falsely poses or advertisesas a registered nurseor uses any other means that tend

to convey the impression that heor she is a registered nurse; or6. Who appends BSN/RN(Bachelor of Science inNursing/Registered Nurse) tohis/her name without having beenconferred said degree ofregistration;b.Any person who undertakes in-serviceeducational programs or who conductsreview classes for both local and foreignexaminations withoutArticle V

NURSING EDUCATION

Sec. 25. Nursing EducationProgram. -The nursing education programshall provide sound general and professionalfoundation for the practice of nursing.

The learning experiences shall adherestrictly to specific requirements embodied in theprescribed curriculum as promulgated by the

Commission on Higher Educations policies andstandards of nursing education.

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Sec. 26. Requirements For InactiveNurses Returning to Practice. -Nurses whohave not actively practiced the profession forfive (5) consecutive years are required toundergo one (1) month of didactic training andthree (3) months of practicum. The Board shallaccredit hospitals to conduct the said training

program.

Sec. 27. Qualifications of theFaculty. -A member of the faculty in acollege of nursing technical professional coursesmust:

a.Be a registered nurse inthe Philippines;b.Have at least one (1) year

of clinical practice in thefield of specialization;c.Be a member of goodstanding in the accreditedprofessional organizationof nurses; andd.Be a holder of a mastersdegree in nursing,education, or other alliedmedical and healthsciences conferred by a

college or university dulyrecognized by theGovernment of theRepublic of thePhilippines.In addition to the aforementionedqualifications, the dean of college must have amasters degree in nursing. He/She must have atleast five (5) years of experience in nursing.

permit/clearance from the PhilippineNursing Association, the Board of Nursingand the appropriate office or officer of theDepartment of Labor and Employment; and

c.Any person violating any provision of thisAct.Sec.31. Standard Basic Pay. -Basedon current National Economic and DevelopmentAuthority (NEDA) figures, the propergovernment office or agency shall fix a standardpay for all nurses working in either public orprivate health agencies. The same standard basicpay shall be increased periodically to cope with

the increasing cost of living.

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Sec.32. Enforcement of this Act. -Itshall be the duty of all duly constituted law-

enforcement agencies and officers of national,,provincial, city and municipal government toenforce the provisions of this Act and toprosecute any person violating the same.

Sec. 33. Repealing Clause. -Alllaws, decrees, orders, circulars, rules andregulations, and other issuances which areconsistent with this Act are hereby repealed,amended or modified accordingly:

Sec. 34. Separability Clause. -If

any part of this Act is declared unconstitutional,the remaining part not affected thereby shallcontinue to valid and operational.

Sec. 35. Effectivity. -This Act shalltake effect one (1) month after its publication inany newspaper of general circulation in thePhilippines.

Approved.

This Act which is a consolidation ofHouse Bill No. 32716 and Senate Bill No. 335

was finally passed by the House ofRepresentatives and the Senate on June 6, 1991.

(Sgd.) EDWIN P. ACOBASecretary of Senate

(Sgd.) CAMILO L. SABIOSecretary General, House of Representatives

Article VI

NURSING PRACTICE

Sec. 28. Scope of Nursing. -Aperson shall be deemed to be a practicingnursing within the meaning of this Act whenhe/she singly or in collaboration with another ,initiates and performs nursing services toindividuals, families, and communities in anyhealthcare setting. It includes, but not limited to,nursing care during conception, labor, delivery,infancy, childhood, toddler, pre-school, schoolage, adolescence, adulthood, and old age. Asindependent practitioners, nurses are primarilyresponsible for the promotion of health and

prevention illness. As members of the health

team, nurses shall collaborate with other

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healthcare providers for the curative, preventiveand rehabilitative aspects of care, restoration ofhealth, alleviation of suffering , and whenrecovery is not possible, toward a peaceful death.It shall be the duty of the nurse to:

a.

Provide nursing care through theutilization of the nursing process.Nursing care includes, but is notlimited to, traditional andinnovative approaches,therapeutic use of self, executinghealthcare techniques andprocedures, essential primaryhealth care, comfort measures,health teachings, andadministration of writtenprescription for treatment,

therapies, oral, tropical, andparenteral medications, internalexamination during labor in theabsence of antenatal bleeding anddelivery. In case of suturing ofperineal laceration, specialtraining shall be providedaccording to protocol established;b.Establish linkages with thecommunity resources andcoordination with the healthteam;

c.Provide health education toindividuals, families, andcommunities;d.Teach, guide, and supervisestudents in nursing educationprograms including theadministration of nursingservices in varied settings such asApproved: November 21, 1991

(Sgd.) CORAZON C. AQUINO

President of the Philippines

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nurses and uphold the standards of safe nursingpractice. The nurse is required to maintain

competence by continual learning experiencethrough continuing professional education to beprovided by the accredited professionalorganization or any recognized professionalnursing organization: Provided, finally, Theprogram and activity for the continuingprofessional education shall be submitted to andapproved by the Board.

Sec. 29. Qualifications of NursingService Administrators. -A personoccupying supervisory or managerial positions

requiring knowledge of nursing must:

a.Be a registered nurse inthe Philippines;b.Have at least two (2) yearsexperience in generalnursing serviceadministration;c.Possess a degree ofBachelor of Science in

Nursing, with at least nine(9) units in managementand administration coursesat the graduate level;d.Be a member of goodstanding of the accreditedprofessional organizationof nurses;Provided, That a person occupying theposition of chief nurse or director of nursingservice shall, in addition to the foregoingqualifications, possess:

hospitals and clinics; undertakeconsultation services; engage insuch activities that require theutilization of knowledge anddecision-making skills of aregistered nurse; and

e.Undertake nursing and healthhuman resource developmenttraining and research which shall

include, but is not limited to, thedevelopment of advancenursing practice;

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Provided, That this section shall notapply to nursing students who perform nursingfunctions under the direct supervision of aqualified faculty: Provided, further, That in thepractice of nursing in all settings, the nurse isduty-bound to observe the Code of Ethics for

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Article VII

HEALTH HUMAN RESOURCEPRODUCTION, UTILIZATION, ANDDEVELOPMENT

Sec. 30. Studies for NursingManpower Needs, Production, Utilization andDevelopment. -The Board, in coordinationwith the accredited professional organization andappropriate government or private agencies shallinitiate, undertake and conduct studies on health

human resource production, utilization, anddevelopment.

Sec. 31. Comprehensive NursingSpecialty Program. -Within ninety (90) daysfrom the effectivity of this Act, the Board, incoordination with the accredited professionalorganization, recognized specialty organizationsto formulate and develop a comprehensivenursing specialty program that would upgradethe level of skill and competence of specialtynurse clinicians in the country, such as but notlimited to the areas of critical care, oncology,

renal and such areas as may be determined bythe Board.

The beneficiaries of this program areobliged to serve in any Philippine hospital for a

e..At least five (5) years experiencein s supervisory or managerialposition in nursing; andf..A masters degree major innursing;Provided, further, That for primaryhospitals, the maximum academic qualificationsand experiences for a chief nurse shall be asspecified in subsections (a), (b), and (c) of thissection: Provided, furthermore, That for chiefnurses in the public health agencies, those whohave a masters degree in publichealth/community health nursing shall be givenpriority. Provided, even further, that for chiefnurses in military hospitals, priority shall begiven to those who have finished a mastersdegree in nursing and the completion of the

General Staff Course (GSC): Provided, finally,That those occupying such positions before theeffectivity of this Act shall be given a period of

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five (5) years within which to qualify.

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released to the Department of Health subject toaccounting and auditing procedures: Provided,That the Department of Health shall set the

criteria for the availment of this program.

Sec. 34. Incentives and Benefits. TheBoard of Nursing, in accordance with theDepartment of Health and other concernedgovernment agencies, association of hospitalsand the accredited professional organization,shall be establish an incentive and benefit systemin the form of free hospital care of nurses andtheir dependents, scholarship grants, and othernon-cash benefits. The government and privatehospitals are hereby mandated to maintain the

standard nurse-patient ratio set by theDepartment of Health.

Article VIII

PENAL AND MISCELLANEOUSPROVISIONS

Sec. 35. Prohibitions in the Practiceof Nursing. -A fine of not less than Fiftythousand pesos (P 50,000.00) nor more than One

hundred thousand pesos (P 100,000.00) orimprisonment of not less than one (1) year nor

period of at least two (2) years of continuousservice.

Sec. 32. Salary. -In order toenhance the general welfare, commitment toservice, and professionalism of nurses, theminimum base pay of nurses working in thepublic health institutions shall not be lower thansalary grade 15 prescribed under Republic Act6758, otherwise known as the Compensation andClassification Act of 1989: Provided, That fornurses working in local government units,adjustments to their salaries shall be inaccordance with Section 10 of the said law.

Sec. 33. Funding for theComprehensive Nursing Specialty Program. Theannual financial requirement needed to trainat least ten percent (10%) of the nursing staff ofthe participating government hospital shall bechargeable against the income of the PhilippineCharity Sweepstakes and the Philippine

Amusement and Gaming Corporation, whichshall equally share in the costs and shall be

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registration/professionallicense, or an expired or

cancelledspecial/temporary permit;or

5.Who gives any falseevidence to the Board inorder to obtain a certificateof registration/professionallicense, a professionalidentification card orspecial permit; or

6.Who falsely poses oradvertises as a registeredand licensed nurse or usesany other means that tendto convey the impressionthat he/she is a registeredand licensed nurse; or7.Who appends BSN/RN(Bachelor of Science inNursing/registered Nurse)or any similar appendage to

his/her name withouthaving been conferred saiddegree or registration; or8.Who, as registered andlicensed nurse, abets orassists the illegal practiceof a person who is notmore than six (6) years, or both, upon thediscretion of the court, shall imposed upon:

a. Any person practicing nursing in thePhilippines within the meaning of thisAct:1.Without a certificate ofregistration/professionallicense and professionalidentification card orspecial temporary permit orwithout having beendeclared exempt from theexamination with theprovision of this Act: or3.

Who uses as his/her ownthe certificated ofregistration/professional

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license and professionalidentification card orspecial temporary permit ofanother; or4.Who uses an invalidcertificate of

registration/professionallicense, a suspended orrevoked certificate of

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enforcing the provisions of this Act and toprosecute any persons violating the same.

Sec. 37. Appropriations. -TheChairperson of the Professional RegulationCommission shall immediately include in itsprogram and issue such rules and regulations toimplement the provisions of this Act, funding ofwhich shall be included in the Annual GeneralAppropriations Act.

Sec. 38. Rules and Regulations. Withinninety (90) days after the effectivity ofthis act, the Board and the Commission, incoordination with the accredited professional

organization, the Department of Health, theDepartment of Budget and Management, andother concerned government agencies, shallformulate such rules and regulations necessary tocarry out the provisions of this Act. Theimplementing rules and regulations shall bepublished in the Official Gazette or in anynewspaper of general circulation.

Sec. 39. Separability Clause. -Ifany part of this Act is declared unconstitutional,the remaining parts not affected thereby shallcontinue to be valid and operational.

lawfully qualified to practicenursing.

b. Any person or chief executive office of ajuridical entity who undertakes in-serviceeducational programs or who conducts reviewclasses for both local and foreign examinationwithout permit/clearance from the Board and theCommission; orc. Any person or employer of nurses whoviolate the minimum base of nurses and theincentives and benefits that should be accordedthem as specified in Section 32 and 34; ord. Any person or the chief executive officer ofa juridical entity violating any provisions of thisAct and its rules and regulations.Article IX

FINAL PROVISIONS

Sec. 36. Enforcement of this Act. Itshall be the primary duty of the Commissionand the Board to effectively implement this Act.Any duly law enforcement agencies and officers

of national, provincial, city, or municipalgovernments shall, upon the call or request of theCommission or the Board, render assistanc3e in

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(Sgd.) OSCR G. YABES

Secretary of the Senate

(Sgd.) ROBERTO P. NAZARENO

Secretary General, House of Representatives

Approved: October 21, 2002

(Sgd.) GLORIA MACAPAGAL-ARROYOPresident of the Philippines

Sec. 40. Repealing Clause. RepublicAct. No. 7164, otherwise known as the

Philippine nursing Act of 1991 is herebyrepealed. All other laws, decrees, orders,circulars, issuances, rules and regulations andparts thereof which are inconsistent with this Actare hereby repealed, amended or modifiedaccordingly.

Sec. 41. Effectivity. -This Act shalltake effect fifteen (15) days upon its publicationin the Official Gazette or any two (2) newspaperof 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 Houseof Representatives, was finally passed in theHouse of Representatives and the Senate onOctober 15, 2002 and October 8, 2002,respectively.

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ra 7164 vs. ra 9173

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