Ra 9173
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Republic Act No. 9173
THE PHILIPPINE NURSING ACT OF 2002
Important Dates in the Enactment of RA 9173 On October 8, 2002, RA 9173 was approved by the House of Senate as Senate Bill no. 2292 On October 15, 2002,it was approved by the House of Representative as House Bill no. 1084 On October 21, 2002, it was signed into law by Pres. Gloria Macapagal Arroyo as Republic
Parts of RA 9173
RA 9173 is divided into 9 articles and 41 sections and these are as follows: Article I – Title
Article II – Declaration of Policy
Section 1 – Title Section 2 – Declaration of Policy
Article III – Organization of the Board of Nursing
Section 3 – Creation and Composition of the Board Section 4 - Qualifications of the Chairperson and Members of the Board Section 5 – Requirements upon Qualification as Member of the Board of Nursing Section 6 – Term of Office Section 7 – Compensation of Board Members Section 8 – Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services Section 9 – Powers and Duties of the Board Section 10 – Annual Report Section 11 – Removal and Suspension of Board Members
Parts of RA 9173
Article IV – Examination and Registration
Section 12 – Licensure Examination Section 13 – Qualifications for Admission to the Licensure Examination Section 14 – Scope of Examination Section 15 – Ratings Section 16 – Oath Section 17 – Issuance of Certificate of Registration or Professional License and Professional Identification Card Section 18 – Fees for Examination and Registration Section 19 – Automatic Registration of Nurses Section 20 – Registration by Reciprocity Section 21 – Practice through Special/ Temporary Permit Section 22 – Non Registration and Non Issuance of COR or Professional License or Special/Temporary Permit Section 23 – Revocation and Suspension of COR or Professional License or Special/ Temporary Permit Section 24 – Re Issuance of Revoked Certificates and Replacement of Lost Certificates
Parts of RA 9173
Article V – Nursing Education Section 25 – Nursing Education Program Section 26 – Requirement for Inactive Nurses Returning to Practice Section 27 – Qualifications of the Faculty
Article VI – Nursing Practice Section 28 – Scope of Nursing Section 29 – Qualifications of Nursing Service Administrators
Parts of RA 9173
Article VII – Health Human Resource Production, Utilization and Development Section 30 – Studies for Nursing Manpower Needs, Production, Utilization and Development Section 31 – Comprehensive Nursing Specialty Program Section 32 – Salary Section 33 – Funding for the Comprehensive Nursing Specialty Program
Parts of RA 9173
Article VIII – Penal and Miscellaneous Provisions
Section 35 – Prohibitions in the Practice of Nursing
Article IX – Final Provisions Section 36 – Enforcement of this Act Section 37 – Appropriations Section 38 – Rules and Regulations Section 39 – Separability Clause Section 40 – Repealing Clause Section 41 - Effectivity
Rules and Regulations Implementing RA 9173
Resolution No 425, S 2003 of the BON is the “ The Rules and Regulations Implementing the Philippine Nursing Act of 2002” Basis: Resolution No. 425, S 2003 was passed by the BON pursuant to Sec. 38 of RA 9173 which provides as follows:
“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…”
According to the Resolution No. 425, S 2003, it shall be known as ‘ IRR’
Philippine Laws Relating to Nursing
The following are the laws enacted by the Philippine Government related to the practice of nursing
Act No 2493 Approved
on February 5, 1915 It was actually a law relating to the practice of medicine in the Philippines. However, it also provided for the examination and registration of nurses in the country (Sec 7 and 8 thereof) Act 2493 Sec 7 and 8 is considered the first law affecting the practice of nursing in the Philippines
Philippine Laws Relating to Nursing
Act 2808 (First True Nursing Law) Was approved on March 1, 1919 It was entitled “ An act regulating the practice of the nursing profession in the Philippine Islands” 1920, first board examination was given
Republic Act No 465 It was approved on June 1950 It standardized the examination and registration fees charged by the
Philippine Laws Relating to Nursing
Republic Act 877 It took effect on June 19, 1953 It was otherwise known as “The Philippine Nursing Law” It repealed all the provisions of the above mentioned laws that are inconsistent with its provisions on nursing education and practice It includes the provision for the organization of Board of Examiners for nurses, nursing schools and colleges,
Philippine Laws Relating to Nursing
Republic Act No 4704 It was approved on June 18, 1966 It amended RA 877 Members of the BON increase from 3 to 5 Members of the Board were to be appointed by the President with consent from the Commission on Appointments upon recommendation of the Civil Service Commission Board Members must be Master’s Degree Holder
Philippine Laws Relating to Nursing
Republic Act 6136 It was approved on August 31, 1970 It amended RA 877 and RA 4704 It expressly authorized RN to administer intravenous and other injections as long as the administration is under the direction of and in the presence of a physician
Philippine Laws Relating to Nursing
Republic Act No 7164 Introduced by Heherson Alvarez, it codified and revised all the laws regulating the practice of nursing It was approved on November 21, 1991 It was entitled “The Philippine Nursing Act of 1991” It repealed, amended or modified existing laws that are inconsistent with it Redefinition in the scope of nursing practice Requiring a faculty member who is
ARTICLE III – Organization of the Board of Nursing
Sec 3. Creation and Composition of the Board The Professional Regulatory Board of Nursing which is created by Sec 3 of RA 9173 is composed of a CHAIRPERSON Six (6) members
Under Sec 3 of RA 9173 there are 3 stages in the appointment of the Chairperson and/ or Members of the BON:
ARTICLE III – Organization of the Board of Nursing
Sec 4. Qualifications of the Chairperson and Members of the Board
At the time of his/her appointment, the Chairperson of the BON must be:
A natural-born citizen A resident of the Philippines A member of good standing of the accredited professional organization of nurses A registered nurse A holder of a master’s degree in nursing conferred by a college or university duly recognized by the Government With at least 10 years of continuous practice of the profession prior to the appointment, the last 5 years of which must have been in the Philippines Not a convict of any offense involving moral turpitude
Citizenship – There are widely accepted principles in determining the citizenship of a person Jus soli – under which the place of the birth of person determines his/her citizenship Jus sanguinis – under which the citizenship of the parents determines the citizenship of the child
There are 2 kinds of citizens in the Philippines:
Naturalized Citizens – one who acquires citizenship by naturalization
NATURALIZATION – is the process provided by law by which a person(alien) acquires citizenship after birth and becomes entitled to the privileges of citizenship
Residence – refers to the permanent home, or the place of birth to which whenever absent for business or pleasure, one intends to return The term Accredited Professional Organization (APO) of nurses refers to the Philippine Nurses Association, Inc or any professional organization of nurses accredited by PRC A registered nurse – is one whose name appears in the Book of Registry of Nurses as evidenced by duly issued
Conviction in a general sense, is the result of a criminal trial which ends in a judgment or sentence that the accused is guilty as charged Offense is a breach of the criminal laws; it is a violation of law for which penalty is prescribed Moral turpitude refers to the act of baseness, vileness or depravity in private and social duties which man owes to his fellow man, or to society in general, contrary to accepted and customary rule of right and duty in between man and man Examples of offenses that are considered as involving moral turpitude are
ARTICLE III – Organization of the Board of Nursing
Qualifications of the Members of the BON
A natural born citizen A resident of the Philippines A member of good standing of the accredited professional organization of nurse A registered nurse A holder of master’s 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 the profession, the last 5 years of which must have been in the Philippines Not have been convicted of any offense involving moral turpitude
ARTICLE III – Organization of the Board of Nursing
Sec 5 – Requirements Upon Qualification as a Member of the BON
A person who is appointed as Chairman or Member of the BON, upon qualification as such is required by law
To immediately resign from any teaching position in any school or institution that offers BSN or review program for the Philippine Nursing Board Examinations To immediately resign from any office or employment 1) in the government or any subdivision, agency or instrumentality, including government-owned or government- controlled corporations or their subsidiaries 2) in the private sector Not to have any pecuniary interest in any school or institution that offers BSN or review classes for the Philippine Nursing Board Examinations Not to have any administrative supervision in any school or institution that offers BSN or review classes
ARTICLE III – Organization of the Board of Nursing
Sec 6 – Term of Office Term of Office – is the period during which an elected officer or appointee is entitled to hold office , perform its functions and enjoy its privileges and emoluments. It is a fixed and definite period of time which the law describes that an officer may hold office Tenure – is the period during which the incumbent actually holds office The term of office of the Chairperson and Members of the BON is 3 years
ARTICLE III – Organization of the Board of Nursing
Sec. 7 – Compensation of Board of Members
The Chairperson and Members of a professional regulatory board shall receive monthly compensation equivalent to the following: Chairperson:
Compensation equivalent to 2 steps higher than the Members of the Board Members: Compensation equivalent to, at least 2 salary grades lower than the salary grade of the Commissioners (of the PRC)
ARTICLE III – Organization of the Board of Nursing
Sec 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services
The Professional Regulations Commission (PRC) has administrative supervision over the BON PRC is the legal custodian of all the records of the BON
The records of the BON that are declared by law to be in custody of the PRC are the following:
Applications for the nurse licensure examinations Examination papers Examination results Minutes of deliberation Records of administrative cases
ARTICLE III – Organization of the Board of Nursing
Sec 9 – Power and Duties of the Board
To supervise and regulate the practice of nursing profession in the Philippines To conduct licensure examination for nurses To issue, suspend or revoke COR for the practice of nursing To monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient , ethical and technical, moral and professional standards in the practice of nursing taking into account the health needs of the nation To ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open
Sec 9 – Power and Duties of the Board
To conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of RA 9173 or its rules and regulations To promulgate a Code of Ethics in coordination and consultation with APO of nurses To recognize nursing specialty organizations in coordination with the APO To prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvement of the nursing practice, advancement of the profession and for the
ARTICLE III – Organization of the Board of Nursing
Sec 10 Annual Report
The BON is required by Sec 10 of RA 9173 to submit an annual report The said annual report of the BON must be submitted to the President of the Republic of the Philippines The said annual report of the BON must be submitted to the President through the PRC The said annual report of the BON must be submitted at the close of the calendar year of the BON
ARTICLE III – Organization of the Board of Nursing
Sec 11 – Removal or Suspension of Board Members Continued neglect of duty or incompetence Commission or toleration of irregularities in the licensure examination Unprofessional, immoral or dishonorable conduct
ARTICLE III – Organization of the Board of Nursing
Neglect of duty is the omission or refusal, without sufficient excuse, to perform an act or duty, which it was the officers legal obligation to perform the failure to give due attention to the performance of duty Incompetency is defined as lack of adequate ability and fitness for the satisfactory performance of official duties by reasons of one’s vice or vicious habits, the lack of any physical, moral or intellectual quality which substantially
ARTICLE III – Organization of the Board of Nursing
Unprofessional conduct is defined as the conduct which by general opinion considered to be unprofessional because immoral, unethical or dishonorable. It refers to such conduct which violates ethical code or rules of profession, or to such conduct which is unbecoming a member of a profession Immoral conduct refers to the conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community. It is not confined to sexual matters, but includes conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, dissoluteness
ARTICLE IV – Examination and Registration
Sec 12 – Licensure Examination Nurse Licensure Examination – is the written examination that is being given by the BON to an applicant for license to practice nursing in the Philippines, in such place and date designated by the PRC, and in accordance with PRC Modernization Act of 2000 If only one examination is given in a year, it must be held on a weekday (Monday to Friday) When 2 or more examinations are given in a year, at least one examination must be held on a weekday
ARTICLE IV – Examination and Registration
Sec 13- Qualifications for Admission to the Licensure Examination He is a citizen of the Philippines He is of good moral character He is a holder of Bachelor’s Degree in Nursing from a college or university that complies with the standards of nursing education duly recognized by the proper government agency He has paid the fees prescribed by the PRC
ARTICLE IV – Examination and Registration
Sec 14 – Scope of Examination The objectives of the nursing curriculum The broad areas of nursing Other related discipline and competencies in determining the subjects of examination
The NLE examination shall be divided into 4 major parts organized around 4 major goals of nursing: Test I- Promotive Test II – Preventive Test III A – Curative Test III B – Curative Test IV - Rehabilitative
Broad Areas of Nursing Fundamental Nursing Maternal and Child Nursing Community Health Nursing of Adolescent, Adults and Aged Mental Health and Psychiatric Nursing
Other Discipline Physiology and Anatomy Pharmacology and Therapeutics Microbiology Nutrition and Diet Therapy
ARTICLE IV – Examination and Registration
Sec 15 – Ratings
Passing Grade
Rules when GA is below 75%
A general average of at least 75% A rating of not below 60% in any subject An examinee who obtains a GA that is lower than 75% FAILS the licensure examination regardless of the ratings he obtain in the individual subject
Rules when GA is 75% above
An examinee who did not obtain a rating of below 60% in any subject, he PASSES the licensure examination. If he obtained a rating below 60% in any subject, he FAILS the licensure examination. However, he may take a REMOVAL examination However, in a REMOVAL EXAMINATION, the ratings in the subject being repeated must be at least 75%
ARTICLE IV – Examination and Registration
Sec 16 – Oath of Profession OATH – is any form of attestation by w/c a person signifies that he is bound in conscience to perform an act faithfully and truthfully. The oath may be recited in:
English
(Oath of Professionals) Filipino (Panunumpa ng Propesyonal)
ARTICLE IV – Examination and Registration
Sec 17. Issuance of Certification of Registration/ Professional Identification Card
Under Sec 17 of RA 9173, a successful examinee shall be issued the following documents
Certificate of Registration/ Professional License Professional Identification Card
Contents of COR or Professional License Full name of the registrant Serial No of the Certificate Signature of the Chairperson of the PRC Signatures of the Members of the BON Official seal of the PRC
ARTICLE IV – Examination and Registration
Sec 18. Fees for Examination and Registration
Persons required to pay examination and registration fees set by the Commission All
applicants for admission to the NLE All applicants for registration as professional nurse practitioner
ARTICLE IV – Examination and Registration
Sec 19. Automatic Registration of Nurses
Automatically registered nurses under RA 9173: Nurses
already in the Roster or Registry Book of Nurses
Under Sec 40 of RA 9173, expressly repeals RA 7164, otherwise known as “The Philippine Nursing Act of 1991”
Automatically
or “ipso facto”
The term “ipso facto” means by mere fact or by the mere effect of an act or fact Thus, by the mere fact of their names already
ARTICLE IV – Examination and Registration
Sec. 20 Registration of Nurses by Reciprocity
As a general rule, all applicants for license to practice in the Philippines are required by Sec 12 to pass the nurse licensure examination provided for in RA 9173 However, those who are qualified for registration by reciprocity under Sec 20 of RA 9173 are exempted from this rule Thus, a nurse, who is registered under the law of any country other than the Philippines, may be issued without examination a certificate of registration or professional license, if the conditions mentioned in Sec 20 are met Registration by reciprocity under this Section is available only to nurses who are registered under the laws of a foreign state or country
ARTICLE IV – Examination and Registration
Sec 21. Practice Through Special/ Temporary Permit A special/ temporary permit to practice nursing is a permit that may be granted by the BON to a licensed nurse from a foreign state or country allowing him/her to engage in a special or temporary practice of nursing here in the Philippines without need of passing first the NLE Who may be issued Special/ Temporary Permit to Practice:
He/ She is an internationally well known specialist or an outstanding expert in any branch or specialty in nursing (whose service may either be for a fee or for free) He/ She is on medical mission (whose services must be free in a particular hospital, center or clinic)
ARTICLE IV – Examination and Registration
Sec 22. Non- registration and NonIssuance of COR/ Professional License or Special/ Temporary Permit
Grounds For Non- Registration and NonIssuance of COR/PL or Special/Temporary Permit If he has been convicted by final judgment of a criminal offense involving moral turpitude If he is guilty of immoral or dishonorable conduct If he has been declared by the court to be of unsound mind
A person of UNSOUND MIND refers to one who from infirmity of mind is incapable of managing himself or his affairs. Includes insane persons
ARTICLE IV – Examination and Registration
Sec. 23 Revocation and Suspension of COR/PL and Cancellation of Special/Temporary Permit
Suspension – means a “temporary stop, interruption or cessation” Revocation – means the withdrawal or recall of some power, authority or things granted; it is the total repeal or
Grounds for Suspension and Revocation, Cancellation of Special/ Temporary Permit
Conviction by final judgment of any criminal offense involving moral turpitude Immoral or dishonorable conduct Unsoundness of mind as declared by court Unprofessional or unethical conduct Gross incompetence or serious ignorance Malpractice or negligence in the practice of nursing Use of fraud or deceit or false statements in obtaining certificate of registration or professional license Violation of any of the following
RA 9173 Implementing Rules and Regulations Code of Ethics for Nurses The policies of the BON and PRC
Practicing his/her profession during his/her
Maximum Period of Suspension:
Shall be for a period not to exceed 4 years
May a revoked COR/PL be re-issued?
Yes. Under sec 24 of RA 9173, the BON has the power to re-issue revoked COR
ARTICLE IV – Examination and Registration
Sec 24 Re-Issuance of Revoked Certificates and Replacement of Lost Certificates Conditions for Re – Issuance of Revoked Certificate of Registration / Professional License
That there is a proper application with the BON for the re-issuance of the revoked COR/ PL That the application is made after the expiration of a maximum of 4 years from the date of revocation of the certificate That the cause of revocation has disappeared or has been cured or corrected That the re-issuance is sought for reasons of equity and justice That the required fees have been paid
Replacement of Lost Destroyed or Mutilated COR/ PL Lost Destroyed Mutilated
ARTICLE V- Nursing Education
Sec 25 Nursing Education Program requires nursing education program to provide sound general and professional foundation for the practice of nursing That learning experiences must adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the CHED policies and standards of nursing education
ARTICLE V- Nursing Education
Sec 26. Requirement for Inactive Nurses Returning to Practice An inactive nurse is a nurse who has not actively practicing the nursing profession for 5 consecutive years Required to undergo training program Training program for inactive nurses returning to practice:
1
month didactic training 3 months of practicum
ARTICLE V- Nursing Education
Sec 27. Qualification of the Faculty
Qualifications of Faculty- Members in a College of Nursing A
registered nurse in the Philippines With at least 1 year of clinical experience in a field of specialization A member of good standing in the APO of nurses A holder of master’s degree in nursing, education, or other allied medical and health sciences conferred by a college or university duly recognized by the Government
ARTICLE V- Nursing Education
Qualifications of the Dean of a College of Nursing A registered nurse in the Philippines With at least 1 year of clinical practice in a field of specialization A member of good standing in the APO of nurses A holder of master’s degree in nursing conferred by a college or university duly recognized by the government With at least 5 years of experience in nursing
ARTICLE VI – Nursing Practice
Sec 28. Scope of Nursing
1. singly or in collaboration with another, initiates and performs nursing services to individuals,families and communities 2. provide nursing care from delivery up to old age 3. as independent practitioner, primarily responsible for the promotion of health and prevention of illness 4. collaborates with other members of health team
DUTIES OF NURSES: 1. Provide nursing care 2. Establish linkages with community resources 3. Provide health education 4. Teach, guide and supervise students in nursing programs 5. Undertake research and training, professional continuing education 6. Observe Code of Ethics
ARTICLE VI- Nursing Practice
Sec 29. Qualifications of Nursing Service Administrators A nursing service administrator is a person occupying a supervisory or managerial position that requires knowledge of nursing Qualification of Nursing Service Administrator:
Registered nurse in the Philippines With at least 2 years of experience in general nursing service administrations With BSN degree With at least 9 units in management and administration courses at graduate level
ARTICLE VI- Nursing Practice
Qualifications of a Chief Nurse or Director of Nursing Service: Registered
nurse in the Philippines With at least 2 years of experience in general nursing service administrations With BSN degree With at least 9 units in management and administration courses at graduate level A member of good standing of the APO of nurses With at least 5 years of experience in a supervisory or managerial position in nursing With a master’s degree major in nursing
ARTICLE VII – Health Human Resource Production Utilization and Development Sec 30. Studies for Manpower Needs, Production, Utilization and Development
The BON has the duty under Sec 30 of RA 9173 to initiate, undertake and conduct studies on health human production, utilization and development
Sec 31. Comprehensive Nursing Specialty Program
The BON is mandated by this Section 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
Critical care Oncology Renal
ARTICLE VII – Health Human Resource Production Utilization and Development
Sec 32. Salary
Nurses working in public health institutions have the right to receive not less than the minimum base pay provided in Sec 32 of RA 9173 ; must not be lower than Salary Grade 15 prescribed under RA 6758, otherwise known as “ The Compensation and Classification Act of 1989”
Sec 33. Funding for the Comprehensive Nursing Specialty Program
PCSO PAGCOR shall equally share the cost of the training mentioned in Sec 33
The annual fund shall be released to the DOH and the DOH shall set the criteria for the availment of this
ARTICLE VII – Health Human Resource Production Utilization and Who may avail of this PCSO- PAGCORDevelopment Funded Program:
Member of the nursing staff of a government hospital participating in the comprehensive nursing specialty program 10 % of the nursing staff of the participating government hospitals
Sec 34. Incentives and Benefits
Forms of Incentives and Benefits
Free hospital care for nurses and their dependents Scholarship grants Other non- cash benefits
ARTICLE VIII – Penal and Miscellaneous Provisions
Sec 35. Prohibitions in the Practice of Nursing This section is what we know the penal clause of RA 9173; this part enumerates certain acts that are declared CRIMINAL, id est, prohibited and punishable Penalties:
Fine
(minimum 50,000 –maximum 100, 000) Imprisonment (minimum 1 year – maximum 6 years) Both (Fine and Imprisonment)
ARTICLE VIII – Penal and Miscellaneous Provisions Any person practicing nursing 1. without a COR/PL, special/ temporary permit 2. uses an invalid certificate; 3. uses a suspended or revoked Certificate or expired or cancelled permit 4. gives false evidence to the Board 5. falsely poses or advertises or conveys the impression that he is a registered nurse 6. who appends BSN, RN without authority 7. who as a registered nurse, assists illegal practice of a non-qualified person
ARTICLE VIII – Penal and Miscellaneous Provisions Penalties: a fine of not less than P50000. Nor more than P100,000. Or imprisonment of not less than 1 year nor more than six years, or both, upon the discretion of the court
ARTICLE IX – Final Provisions Sec 36. Enforcement of this Act Sec 37.Appropriations Sec 38. Rules and Regulations Sec 39. Separability Clause Sec 40. Repealing Clause
THE PHILIPPINE NURSING ACT OF 2002
Important Dates in the Enactment of RA 9173 On October 8, 2002, RA 9173 was approved by the House of Senate as Senate Bill no. 2292 On October 15, 2002,it was approved by the House of Representative as House Bill no. 1084 On October 21, 2002, it was signed into law by Pres. Gloria Macapagal Arroyo as Republic
Parts of RA 9173
RA 9173 is divided into 9 articles and 41 sections and these are as follows: Article I – Title
Article II – Declaration of Policy
Section 1 – Title Section 2 – Declaration of Policy
Article III – Organization of the Board of Nursing
Section 3 – Creation and Composition of the Board Section 4 - Qualifications of the Chairperson and Members of the Board Section 5 – Requirements upon Qualification as Member of the Board of Nursing Section 6 – Term of Office Section 7 – Compensation of Board Members Section 8 – Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services Section 9 – Powers and Duties of the Board Section 10 – Annual Report Section 11 – Removal and Suspension of Board Members
Parts of RA 9173
Article IV – Examination and Registration
Section 12 – Licensure Examination Section 13 – Qualifications for Admission to the Licensure Examination Section 14 – Scope of Examination Section 15 – Ratings Section 16 – Oath Section 17 – Issuance of Certificate of Registration or Professional License and Professional Identification Card Section 18 – Fees for Examination and Registration Section 19 – Automatic Registration of Nurses Section 20 – Registration by Reciprocity Section 21 – Practice through Special/ Temporary Permit Section 22 – Non Registration and Non Issuance of COR or Professional License or Special/Temporary Permit Section 23 – Revocation and Suspension of COR or Professional License or Special/ Temporary Permit Section 24 – Re Issuance of Revoked Certificates and Replacement of Lost Certificates
Parts of RA 9173
Article V – Nursing Education Section 25 – Nursing Education Program Section 26 – Requirement for Inactive Nurses Returning to Practice Section 27 – Qualifications of the Faculty
Article VI – Nursing Practice Section 28 – Scope of Nursing Section 29 – Qualifications of Nursing Service Administrators
Parts of RA 9173
Article VII – Health Human Resource Production, Utilization and Development Section 30 – Studies for Nursing Manpower Needs, Production, Utilization and Development Section 31 – Comprehensive Nursing Specialty Program Section 32 – Salary Section 33 – Funding for the Comprehensive Nursing Specialty Program
Parts of RA 9173
Article VIII – Penal and Miscellaneous Provisions
Section 35 – Prohibitions in the Practice of Nursing
Article IX – Final Provisions Section 36 – Enforcement of this Act Section 37 – Appropriations Section 38 – Rules and Regulations Section 39 – Separability Clause Section 40 – Repealing Clause Section 41 - Effectivity
Rules and Regulations Implementing RA 9173
Resolution No 425, S 2003 of the BON is the “ The Rules and Regulations Implementing the Philippine Nursing Act of 2002” Basis: Resolution No. 425, S 2003 was passed by the BON pursuant to Sec. 38 of RA 9173 which provides as follows:
“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…”
According to the Resolution No. 425, S 2003, it shall be known as ‘ IRR’
Philippine Laws Relating to Nursing
The following are the laws enacted by the Philippine Government related to the practice of nursing
Act No 2493 Approved
on February 5, 1915 It was actually a law relating to the practice of medicine in the Philippines. However, it also provided for the examination and registration of nurses in the country (Sec 7 and 8 thereof) Act 2493 Sec 7 and 8 is considered the first law affecting the practice of nursing in the Philippines
Philippine Laws Relating to Nursing
Act 2808 (First True Nursing Law) Was approved on March 1, 1919 It was entitled “ An act regulating the practice of the nursing profession in the Philippine Islands” 1920, first board examination was given
Republic Act No 465 It was approved on June 1950 It standardized the examination and registration fees charged by the
Philippine Laws Relating to Nursing
Republic Act 877 It took effect on June 19, 1953 It was otherwise known as “The Philippine Nursing Law” It repealed all the provisions of the above mentioned laws that are inconsistent with its provisions on nursing education and practice It includes the provision for the organization of Board of Examiners for nurses, nursing schools and colleges,
Philippine Laws Relating to Nursing
Republic Act No 4704 It was approved on June 18, 1966 It amended RA 877 Members of the BON increase from 3 to 5 Members of the Board were to be appointed by the President with consent from the Commission on Appointments upon recommendation of the Civil Service Commission Board Members must be Master’s Degree Holder
Philippine Laws Relating to Nursing
Republic Act 6136 It was approved on August 31, 1970 It amended RA 877 and RA 4704 It expressly authorized RN to administer intravenous and other injections as long as the administration is under the direction of and in the presence of a physician
Philippine Laws Relating to Nursing
Republic Act No 7164 Introduced by Heherson Alvarez, it codified and revised all the laws regulating the practice of nursing It was approved on November 21, 1991 It was entitled “The Philippine Nursing Act of 1991” It repealed, amended or modified existing laws that are inconsistent with it Redefinition in the scope of nursing practice Requiring a faculty member who is
ARTICLE III – Organization of the Board of Nursing
Sec 3. Creation and Composition of the Board The Professional Regulatory Board of Nursing which is created by Sec 3 of RA 9173 is composed of a CHAIRPERSON Six (6) members
Under Sec 3 of RA 9173 there are 3 stages in the appointment of the Chairperson and/ or Members of the BON:
ARTICLE III – Organization of the Board of Nursing
Sec 4. Qualifications of the Chairperson and Members of the Board
At the time of his/her appointment, the Chairperson of the BON must be:
A natural-born citizen A resident of the Philippines A member of good standing of the accredited professional organization of nurses A registered nurse A holder of a master’s degree in nursing conferred by a college or university duly recognized by the Government With at least 10 years of continuous practice of the profession prior to the appointment, the last 5 years of which must have been in the Philippines Not a convict of any offense involving moral turpitude
Citizenship – There are widely accepted principles in determining the citizenship of a person Jus soli – under which the place of the birth of person determines his/her citizenship Jus sanguinis – under which the citizenship of the parents determines the citizenship of the child
There are 2 kinds of citizens in the Philippines:
Naturalized Citizens – one who acquires citizenship by naturalization
NATURALIZATION – is the process provided by law by which a person(alien) acquires citizenship after birth and becomes entitled to the privileges of citizenship
Residence – refers to the permanent home, or the place of birth to which whenever absent for business or pleasure, one intends to return The term Accredited Professional Organization (APO) of nurses refers to the Philippine Nurses Association, Inc or any professional organization of nurses accredited by PRC A registered nurse – is one whose name appears in the Book of Registry of Nurses as evidenced by duly issued
Conviction in a general sense, is the result of a criminal trial which ends in a judgment or sentence that the accused is guilty as charged Offense is a breach of the criminal laws; it is a violation of law for which penalty is prescribed Moral turpitude refers to the act of baseness, vileness or depravity in private and social duties which man owes to his fellow man, or to society in general, contrary to accepted and customary rule of right and duty in between man and man Examples of offenses that are considered as involving moral turpitude are
ARTICLE III – Organization of the Board of Nursing
Qualifications of the Members of the BON
A natural born citizen A resident of the Philippines A member of good standing of the accredited professional organization of nurse A registered nurse A holder of master’s 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 the profession, the last 5 years of which must have been in the Philippines Not have been convicted of any offense involving moral turpitude
ARTICLE III – Organization of the Board of Nursing
Sec 5 – Requirements Upon Qualification as a Member of the BON
A person who is appointed as Chairman or Member of the BON, upon qualification as such is required by law
To immediately resign from any teaching position in any school or institution that offers BSN or review program for the Philippine Nursing Board Examinations To immediately resign from any office or employment 1) in the government or any subdivision, agency or instrumentality, including government-owned or government- controlled corporations or their subsidiaries 2) in the private sector Not to have any pecuniary interest in any school or institution that offers BSN or review classes for the Philippine Nursing Board Examinations Not to have any administrative supervision in any school or institution that offers BSN or review classes
ARTICLE III – Organization of the Board of Nursing
Sec 6 – Term of Office Term of Office – is the period during which an elected officer or appointee is entitled to hold office , perform its functions and enjoy its privileges and emoluments. It is a fixed and definite period of time which the law describes that an officer may hold office Tenure – is the period during which the incumbent actually holds office The term of office of the Chairperson and Members of the BON is 3 years
ARTICLE III – Organization of the Board of Nursing
Sec. 7 – Compensation of Board of Members
The Chairperson and Members of a professional regulatory board shall receive monthly compensation equivalent to the following: Chairperson:
Compensation equivalent to 2 steps higher than the Members of the Board Members: Compensation equivalent to, at least 2 salary grades lower than the salary grade of the Commissioners (of the PRC)
ARTICLE III – Organization of the Board of Nursing
Sec 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services
The Professional Regulations Commission (PRC) has administrative supervision over the BON PRC is the legal custodian of all the records of the BON
The records of the BON that are declared by law to be in custody of the PRC are the following:
Applications for the nurse licensure examinations Examination papers Examination results Minutes of deliberation Records of administrative cases
ARTICLE III – Organization of the Board of Nursing
Sec 9 – Power and Duties of the Board
To supervise and regulate the practice of nursing profession in the Philippines To conduct licensure examination for nurses To issue, suspend or revoke COR for the practice of nursing To monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient , ethical and technical, moral and professional standards in the practice of nursing taking into account the health needs of the nation To ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open
Sec 9 – Power and Duties of the Board
To conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of RA 9173 or its rules and regulations To promulgate a Code of Ethics in coordination and consultation with APO of nurses To recognize nursing specialty organizations in coordination with the APO To prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvement of the nursing practice, advancement of the profession and for the
ARTICLE III – Organization of the Board of Nursing
Sec 10 Annual Report
The BON is required by Sec 10 of RA 9173 to submit an annual report The said annual report of the BON must be submitted to the President of the Republic of the Philippines The said annual report of the BON must be submitted to the President through the PRC The said annual report of the BON must be submitted at the close of the calendar year of the BON
ARTICLE III – Organization of the Board of Nursing
Sec 11 – Removal or Suspension of Board Members Continued neglect of duty or incompetence Commission or toleration of irregularities in the licensure examination Unprofessional, immoral or dishonorable conduct
ARTICLE III – Organization of the Board of Nursing
Neglect of duty is the omission or refusal, without sufficient excuse, to perform an act or duty, which it was the officers legal obligation to perform the failure to give due attention to the performance of duty Incompetency is defined as lack of adequate ability and fitness for the satisfactory performance of official duties by reasons of one’s vice or vicious habits, the lack of any physical, moral or intellectual quality which substantially
ARTICLE III – Organization of the Board of Nursing
Unprofessional conduct is defined as the conduct which by general opinion considered to be unprofessional because immoral, unethical or dishonorable. It refers to such conduct which violates ethical code or rules of profession, or to such conduct which is unbecoming a member of a profession Immoral conduct refers to the conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community. It is not confined to sexual matters, but includes conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, dissoluteness
ARTICLE IV – Examination and Registration
Sec 12 – Licensure Examination Nurse Licensure Examination – is the written examination that is being given by the BON to an applicant for license to practice nursing in the Philippines, in such place and date designated by the PRC, and in accordance with PRC Modernization Act of 2000 If only one examination is given in a year, it must be held on a weekday (Monday to Friday) When 2 or more examinations are given in a year, at least one examination must be held on a weekday
ARTICLE IV – Examination and Registration
Sec 13- Qualifications for Admission to the Licensure Examination He is a citizen of the Philippines He is of good moral character He is a holder of Bachelor’s Degree in Nursing from a college or university that complies with the standards of nursing education duly recognized by the proper government agency He has paid the fees prescribed by the PRC
ARTICLE IV – Examination and Registration
Sec 14 – Scope of Examination The objectives of the nursing curriculum The broad areas of nursing Other related discipline and competencies in determining the subjects of examination
The NLE examination shall be divided into 4 major parts organized around 4 major goals of nursing: Test I- Promotive Test II – Preventive Test III A – Curative Test III B – Curative Test IV - Rehabilitative
Broad Areas of Nursing Fundamental Nursing Maternal and Child Nursing Community Health Nursing of Adolescent, Adults and Aged Mental Health and Psychiatric Nursing
Other Discipline Physiology and Anatomy Pharmacology and Therapeutics Microbiology Nutrition and Diet Therapy
ARTICLE IV – Examination and Registration
Sec 15 – Ratings
Passing Grade
Rules when GA is below 75%
A general average of at least 75% A rating of not below 60% in any subject An examinee who obtains a GA that is lower than 75% FAILS the licensure examination regardless of the ratings he obtain in the individual subject
Rules when GA is 75% above
An examinee who did not obtain a rating of below 60% in any subject, he PASSES the licensure examination. If he obtained a rating below 60% in any subject, he FAILS the licensure examination. However, he may take a REMOVAL examination However, in a REMOVAL EXAMINATION, the ratings in the subject being repeated must be at least 75%
ARTICLE IV – Examination and Registration
Sec 16 – Oath of Profession OATH – is any form of attestation by w/c a person signifies that he is bound in conscience to perform an act faithfully and truthfully. The oath may be recited in:
English
(Oath of Professionals) Filipino (Panunumpa ng Propesyonal)
ARTICLE IV – Examination and Registration
Sec 17. Issuance of Certification of Registration/ Professional Identification Card
Under Sec 17 of RA 9173, a successful examinee shall be issued the following documents
Certificate of Registration/ Professional License Professional Identification Card
Contents of COR or Professional License Full name of the registrant Serial No of the Certificate Signature of the Chairperson of the PRC Signatures of the Members of the BON Official seal of the PRC
ARTICLE IV – Examination and Registration
Sec 18. Fees for Examination and Registration
Persons required to pay examination and registration fees set by the Commission All
applicants for admission to the NLE All applicants for registration as professional nurse practitioner
ARTICLE IV – Examination and Registration
Sec 19. Automatic Registration of Nurses
Automatically registered nurses under RA 9173: Nurses
already in the Roster or Registry Book of Nurses
Under Sec 40 of RA 9173, expressly repeals RA 7164, otherwise known as “The Philippine Nursing Act of 1991”
Automatically
or “ipso facto”
The term “ipso facto” means by mere fact or by the mere effect of an act or fact Thus, by the mere fact of their names already
ARTICLE IV – Examination and Registration
Sec. 20 Registration of Nurses by Reciprocity
As a general rule, all applicants for license to practice in the Philippines are required by Sec 12 to pass the nurse licensure examination provided for in RA 9173 However, those who are qualified for registration by reciprocity under Sec 20 of RA 9173 are exempted from this rule Thus, a nurse, who is registered under the law of any country other than the Philippines, may be issued without examination a certificate of registration or professional license, if the conditions mentioned in Sec 20 are met Registration by reciprocity under this Section is available only to nurses who are registered under the laws of a foreign state or country
ARTICLE IV – Examination and Registration
Sec 21. Practice Through Special/ Temporary Permit A special/ temporary permit to practice nursing is a permit that may be granted by the BON to a licensed nurse from a foreign state or country allowing him/her to engage in a special or temporary practice of nursing here in the Philippines without need of passing first the NLE Who may be issued Special/ Temporary Permit to Practice:
He/ She is an internationally well known specialist or an outstanding expert in any branch or specialty in nursing (whose service may either be for a fee or for free) He/ She is on medical mission (whose services must be free in a particular hospital, center or clinic)
ARTICLE IV – Examination and Registration
Sec 22. Non- registration and NonIssuance of COR/ Professional License or Special/ Temporary Permit
Grounds For Non- Registration and NonIssuance of COR/PL or Special/Temporary Permit If he has been convicted by final judgment of a criminal offense involving moral turpitude If he is guilty of immoral or dishonorable conduct If he has been declared by the court to be of unsound mind
A person of UNSOUND MIND refers to one who from infirmity of mind is incapable of managing himself or his affairs. Includes insane persons
ARTICLE IV – Examination and Registration
Sec. 23 Revocation and Suspension of COR/PL and Cancellation of Special/Temporary Permit
Suspension – means a “temporary stop, interruption or cessation” Revocation – means the withdrawal or recall of some power, authority or things granted; it is the total repeal or
Grounds for Suspension and Revocation, Cancellation of Special/ Temporary Permit
Conviction by final judgment of any criminal offense involving moral turpitude Immoral or dishonorable conduct Unsoundness of mind as declared by court Unprofessional or unethical conduct Gross incompetence or serious ignorance Malpractice or negligence in the practice of nursing Use of fraud or deceit or false statements in obtaining certificate of registration or professional license Violation of any of the following
RA 9173 Implementing Rules and Regulations Code of Ethics for Nurses The policies of the BON and PRC
Practicing his/her profession during his/her
Maximum Period of Suspension:
Shall be for a period not to exceed 4 years
May a revoked COR/PL be re-issued?
Yes. Under sec 24 of RA 9173, the BON has the power to re-issue revoked COR
ARTICLE IV – Examination and Registration
Sec 24 Re-Issuance of Revoked Certificates and Replacement of Lost Certificates Conditions for Re – Issuance of Revoked Certificate of Registration / Professional License
That there is a proper application with the BON for the re-issuance of the revoked COR/ PL That the application is made after the expiration of a maximum of 4 years from the date of revocation of the certificate That the cause of revocation has disappeared or has been cured or corrected That the re-issuance is sought for reasons of equity and justice That the required fees have been paid
Replacement of Lost Destroyed or Mutilated COR/ PL Lost Destroyed Mutilated
ARTICLE V- Nursing Education
Sec 25 Nursing Education Program requires nursing education program to provide sound general and professional foundation for the practice of nursing That learning experiences must adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the CHED policies and standards of nursing education
ARTICLE V- Nursing Education
Sec 26. Requirement for Inactive Nurses Returning to Practice An inactive nurse is a nurse who has not actively practicing the nursing profession for 5 consecutive years Required to undergo training program Training program for inactive nurses returning to practice:
1
month didactic training 3 months of practicum
ARTICLE V- Nursing Education
Sec 27. Qualification of the Faculty
Qualifications of Faculty- Members in a College of Nursing A
registered nurse in the Philippines With at least 1 year of clinical experience in a field of specialization A member of good standing in the APO of nurses A holder of master’s degree in nursing, education, or other allied medical and health sciences conferred by a college or university duly recognized by the Government
ARTICLE V- Nursing Education
Qualifications of the Dean of a College of Nursing A registered nurse in the Philippines With at least 1 year of clinical practice in a field of specialization A member of good standing in the APO of nurses A holder of master’s degree in nursing conferred by a college or university duly recognized by the government With at least 5 years of experience in nursing
ARTICLE VI – Nursing Practice
Sec 28. Scope of Nursing
1. singly or in collaboration with another, initiates and performs nursing services to individuals,families and communities 2. provide nursing care from delivery up to old age 3. as independent practitioner, primarily responsible for the promotion of health and prevention of illness 4. collaborates with other members of health team
DUTIES OF NURSES: 1. Provide nursing care 2. Establish linkages with community resources 3. Provide health education 4. Teach, guide and supervise students in nursing programs 5. Undertake research and training, professional continuing education 6. Observe Code of Ethics
ARTICLE VI- Nursing Practice
Sec 29. Qualifications of Nursing Service Administrators A nursing service administrator is a person occupying a supervisory or managerial position that requires knowledge of nursing Qualification of Nursing Service Administrator:
Registered nurse in the Philippines With at least 2 years of experience in general nursing service administrations With BSN degree With at least 9 units in management and administration courses at graduate level
ARTICLE VI- Nursing Practice
Qualifications of a Chief Nurse or Director of Nursing Service: Registered
nurse in the Philippines With at least 2 years of experience in general nursing service administrations With BSN degree With at least 9 units in management and administration courses at graduate level A member of good standing of the APO of nurses With at least 5 years of experience in a supervisory or managerial position in nursing With a master’s degree major in nursing
ARTICLE VII – Health Human Resource Production Utilization and Development Sec 30. Studies for Manpower Needs, Production, Utilization and Development
The BON has the duty under Sec 30 of RA 9173 to initiate, undertake and conduct studies on health human production, utilization and development
Sec 31. Comprehensive Nursing Specialty Program
The BON is mandated by this Section 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
Critical care Oncology Renal
ARTICLE VII – Health Human Resource Production Utilization and Development
Sec 32. Salary
Nurses working in public health institutions have the right to receive not less than the minimum base pay provided in Sec 32 of RA 9173 ; must not be lower than Salary Grade 15 prescribed under RA 6758, otherwise known as “ The Compensation and Classification Act of 1989”
Sec 33. Funding for the Comprehensive Nursing Specialty Program
PCSO PAGCOR shall equally share the cost of the training mentioned in Sec 33
The annual fund shall be released to the DOH and the DOH shall set the criteria for the availment of this
ARTICLE VII – Health Human Resource Production Utilization and Who may avail of this PCSO- PAGCORDevelopment Funded Program:
Member of the nursing staff of a government hospital participating in the comprehensive nursing specialty program 10 % of the nursing staff of the participating government hospitals
Sec 34. Incentives and Benefits
Forms of Incentives and Benefits
Free hospital care for nurses and their dependents Scholarship grants Other non- cash benefits
ARTICLE VIII – Penal and Miscellaneous Provisions
Sec 35. Prohibitions in the Practice of Nursing This section is what we know the penal clause of RA 9173; this part enumerates certain acts that are declared CRIMINAL, id est, prohibited and punishable Penalties:
Fine
(minimum 50,000 –maximum 100, 000) Imprisonment (minimum 1 year – maximum 6 years) Both (Fine and Imprisonment)
ARTICLE VIII – Penal and Miscellaneous Provisions Any person practicing nursing 1. without a COR/PL, special/ temporary permit 2. uses an invalid certificate; 3. uses a suspended or revoked Certificate or expired or cancelled permit 4. gives false evidence to the Board 5. falsely poses or advertises or conveys the impression that he is a registered nurse 6. who appends BSN, RN without authority 7. who as a registered nurse, assists illegal practice of a non-qualified person
ARTICLE VIII – Penal and Miscellaneous Provisions Penalties: a fine of not less than P50000. Nor more than P100,000. Or imprisonment of not less than 1 year nor more than six years, or both, upon the discretion of the court
ARTICLE IX – Final Provisions Sec 36. Enforcement of this Act Sec 37.Appropriations Sec 38. Rules and Regulations Sec 39. Separability Clause Sec 40. Repealing Clause
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