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COMPARISON OF

REPUBLIC 7164 AND REPUBLIC ACT 9173

Republic of the Philippines Republic of the Philippines


Professional Regulation Commission Congress of the Philippines
Manila Manila
Twelfth Congress
Second Regular session
Begun and held in Metro Manila, on Monday,
the twenty-second day of July, two thousand
two.

REPUBLIC ACT NO. 7164 REPUBLIC ACT NO. 9173

AN ACT REGULATING THE PRACTICE AN ACT PROVIDING FOR A MORE


OF NURSING IN THE PHILIPPINES RESPONSIVE NURSING PROFESSION,
REPEALING FOR THE PURPOSE
REPUBLIC ACT NO.7164, OTHERWISE
Be it enacted by the Senate and House of KNOWN AS THE PHILIPPINE NURSING
Representative of the Philippines in Congress ACT OF 1991 AND FOR OTHER
assembled: PURPOSES.
Be it enacted by the Senate and the House of
Article I Representatives of the Philippines in Congress
assembled:
TITLE Article I
TITLE
Section 1. Title. – This Act shall be
known as the Philippine Nursing of 1991. Section 1. - This act shall be known
as the Philippine Nursing Act of 2002
Article II
Article II
DECLARATION OF POLICY DECLARATION OF POLICY

Sec.2. Declaration of Policy. – It is Sec.2. Declaration of Policy. - It is


hereby declared the policy of the State to assume hereby declared the policy of the State to assume
responsibility for the protection and responsibility for the protection and
improvement of the nursing profession by improvement of the nursing profession by
instituting measures that will result in relevant instituting measures that will result in relevant
nursing education, and in humane working nursing education, humane working conditions,
conditions, better career prospects, and a better career prospects, and a dignified existence
dignified existence for our nurses. of our nurses.

The State hereby guarantees the The State hereby guarantees the
delivery of basic health services through an delivery of quality basic health services through
adequate nursing personnel throughout the an adequate nursing personnel system
country. throughout the country.
Article III
Article III
ORGANIZATION OF THE BOARD OF
NURSING ORGANIZATION OF THE BOARD OF
NURSING
Sec.3. Name and Composition of the
Board. – There shall be created a Board of Sec.3. Creation and Compensation of
Nursing to be composed of a Chairman and four the Board. - There shall be created a
(4) members who shall be appointed by the
Professional Regulatory of Nursing, hereinafter e nursing shall be based upon the
Board, to be composed of a Chairperson and six favorable written recommendation
President from a list of twelve (12) nominees of both the Board and the
who are registered nurses of recognized (6) members. They shall be appointed by the
standing President of the Republic of the Philippines from
in the Philippines and who possess the among two (2) recommendees, per vacancy, of
qualifications prescribed in Section 5 of this Act the Professional Regulation Commission,
as certified by the accredited national nurses’ hereinafter referred to as the Commission,
association to the Professional Regulation Comm chosen and ranked from a list of three (3)
ission.. nominees, per vacancy, of the accredited
professional organization of nurses in the
Philippines who posses the qualifications
Sec.4. Powers and Duties of the prescribed in Section 4 of this Act.
Board. - The Board shall have the following
powers, duties, and functions Sec.4 . Qualification of the
Chairperson and Members of the Board. -
a. Supervise and regulate the practice The Chairperson and Members of the Board
of the nursing profession. shall, at the time of their appointment, possess
b. Describe the subjects in the the following qualifications:
licensure examination, determine a.) Be a natural born citizen and resident of
the syllabi of the subjects, and their the Philippines;
relative weight, construct the test b.) Be a member of good standing of the
questions in the licensure accredited professional organization of
examination, and score and rate the nurses;
examination paper. The Board c.) Be a registered nurse and holder of a
shall, within one hundred twenty master’s degree in nursing, education or
(120) days after the examination, other allied medical profession
submit a report of the examination conferred by a college or university
result which shall contain the duly recognized by the Government;
weighted average rating of each Provided, That the majority of the
examinee to the Office of the Members of the Board shall be holders
President for release and of a master’s degree in nursing;
publication; Provided, further that the Chairperson
c. Issue, suspend, or revoke shall be a holder of a master’s degree in
certificates of registration for the nursing;
practice of nursing; d.) Have at least ten (10) years of
d. Study the conditions affecting the continuous practice of the profession
nursing practice in the Philippines prior to appointment: Provided,
and exercise the powers necessary however, That the last last five (5)
to ensure the maintenance of years of which shall be in the
efficient, ethical, technical, moral Philippines; and
and professional standards in the e.) Not have been convicted of any
practice of nursing, taking into offenses involving moral turpitude;
account the health needs of the
nation; Provided, That the membership of the Board
e. Examine the prescribed facilities of shall represent the three (3) areas of nursing,
the universities or colleges seeking namely: nursing education, nursing service
permission to open new colleges of and community health nursing.
nursing or departments of nursing
education in order to ensure that
standards and essential
requirements for a qualified dean
and faculty and adequate budget
are properly complied with and
maintained at all times. The
authorization to open colleges of
in any school, college, or university and/or
review program for the local nursing board

Department of Education, Culture


and Sports;
f. Require nurses who graduate from
state colleges and universities to
render, after being issued the
necessary board licenses, at least
one (1) year of nursing service in
the Philippines before they are
allowed to leave for overseas jobs;
g. Investigate violation of this Act.
For this purpose it may, through its
Chairman, with the approval of the
Board issue summons, subpoena or
subpoena duces tecum to violators
of this act and witnesses thereof
and to compel their attendance by
the power of contempt; and
h. Promulgate decisions or adopt
measures as may be necessary for
the improvement of the nursing
practice, for the advancement of the
profession, and for the proper and
full enforcement of this Act.

Sec. 5. Qualifications of Board Sec. 5. Requirements Upon


Members. – A member of the Board shall: Qualification as a Member of the Board of
Nursing. - Any person appointed as a
a. Be a citizen and resident of the Chairperson or Member of the Board shall
Philippines; immediately resign from any teaching position in
b. Be a member in good standing of any school, college, university offering Bachelor
the accredited national nurses’ of Science in Nursing an/or other review
association; program for the local nursing board
c. Be a registered nurse and holder of examinations or in any office or employment in
a master’s degree in nursing the government or any subdivision, agency or
conferred by a college or university instrumentality thereof, including government-
duly recognized by the owned or controlled corporations or their
Government; subsidiaries as well as those employed in the
d. Have at least ten (10) years of private sector. He/shall not have any pecuniary
continuous practice of the interest in or administrative supervision over any
profession prior to appointment; institution offering Bachelor of Science in
e. Not be a holder of a green card or Nursing including review classes.
its equivalent; and
f. Not have been convicted of any
offense involving moral turpitude
even if previously extended pardon
by the President of the Philippines.

Sec. 6. Requirements Upon Sec. 6. Term of Office - The


Qualification as Member of the Board of Chairperson and Members of the Board shall
Nursing. - Any person who qualifies as hold office for a term of three (3) years and until
Chairman or member of the Board shall their successors shall have been appointed and
automatically resign from any teaching position qualified: Provided, That the Chairperson and
Members of the Board may be reappointed for
another term. a. Continued neglect of duty or
incompetence;
examinations or in any office or employment in Any vacancy in the Board occurring within the
the Government or any subdivision, agency, or term of a Member shall be filled for the
instrumentality thereof, including government- unexpired portion of the term only. Each
owned or controlled corporations or their Member of the Board shall take the proper oath
subsidiaries. He shall not have any pecuniary of office prior to the performance of his/her
interest in or administrative supervision over any duties.
institution offering basic nursing education
programs, including review classes. The incumbent Chairperson and
Members of the Board shall continue to serve for
Sec. 7. Term of Officer. - The the remainder of their term under Republic Act.
Chairman and the members of the Board shall No. 7164 until their replacement have been
hold office for a term of three (3) years and until appointed by the President and shall have been
their successors shall have qualified: Provided, duly qualified.
That a member of the Board may be reappointed
for another term not exceeding three (3) years: Sec. 7. Compensation of Board
Provided further, That in the event only one (1) Members. - The Chairperson and Members of
member of the Board is reappointed, he or she, the Board shall receive compensation and
by virtue of seniority, shall automatically allowances comparable to the compensation and
become the Chairman of the new Board. allowances received by the Chairperson and
However, in case two (2) or more members are members of other professional regulatory
reappointed, the best qualified among them, to boards.
be determined by all the members of the new
Board, shall become the new Chairman of the
Board; Provided; finally, That, in case all
members of the old Board are reappointed or all
members are new, all the members of the new
Board shall determine the best qualified from
among themselves who shall be recommended to
the President of the Philippines to be the
Chairman of the Board.

Any vacancy in the Board occurring


within the term of a member shall be filled for
the unexpired portion of the term only. Each
member of the Board shall take the proper oath
of office prior to the performance of his or her
duties.

Sec.8. Compensation of the Board Sec. 8. Administrative Supervision


Members. The Chairman and members of the of the Board, Custodian of its Records,
Board shall receive as compensation an amount Secretariat and Support Services. - The
equal to that given the Chairman and members of Board shall be under the administrative
other government boards situated under supervision of the Commission. All Records of
analogous circumstances. the Board, including applications for
examinations, administrative and other
Sec. 9. Removal of Board Members. - investigative cases conducted by the Board, shall
The President may remove any member of the be under the custody of the Commission. The
Board on the following grounds after giving the Commission shall designate the Secretary of the
member concerned an opportunity to defend Board and shall provide the secretariat and other
himself or herself in a proper administrative support services to implement the provisions of
investigation to be conducted under the this Act.
supervision and control of the Department of
Justice, upon instruction of the President:
Sec. 9. Powers and Duties of the nursing until he or she shall have
Board. - The Board shall supervise and reached the age of majority;
regulate the practice of the nursing profession
b. Commission or toleration of
irregularities in the examination and shall have the following powers, duties, and
conducted by the Board; and functions:
c. Unprofessional or dishonorable
conduct. a. Conduct the licensure
examination for nurses;
Sec. 10. Rules and Regulations. - b. Issue, suspend or revoke
The Board shall promulgate such rules and certificates of registration for the
regulations as may be necessary to carry out practice of nursing;
the provisions of this Act. c. Monitor and enforce quality
standards of nursing practice in
Sec. 11. Records. - All records of the the Philippines and exercise
Board of Nursing, including examination papers, powers necessary to ensure the
minutes of deliberations, records of maintenance of efficient, ethical
administrative cases and investigations, and and technical, moral and
examination results shall be kept by the professional standards in the
Professional Regulation Commission under the practice of nursing taking into
direct custody of the person designated by the account the health needs of the
Chairman of the Commission. No record shall nation;
be removed, altered or examined without the d. Ensure quality nursing education
prior authorization of the Board. by examining the prescribed
facilities of universities or
Sec.12. Examination Required. - All colleges of nursing or
applicants for license to practice nursing shall be departments of nursing education
required to pass written examinations by the and those seeking permission to
Board of Nursing. open nursing courses to ensure
that the standards of nursing
Sec. 13. Qualifications of Applicants. education are properly complied
- In order to be admitted to the examination for with and maintained at all times.
nurses, an applicant must, at the time of filing his The authority to open and close
or her application, establish to the satisfaction of colleges of nursing and/or
the Board of Nursing that: nursing education programs shall
be vested on the Commission on
a. He/She is a citizen of the Higher Education upon the
Philippines, or a citizen or written recommendation of the
subject of a country which Board.
permits Filipino nurses to e. Conduct hearings and
practice within its territorial investigations to resolve
limits on the same basis as the complaints against nurse
subject or citizen of such practitioners for unethical and
country: Provided, That the unprofessional conduct and
requirements for the registration violations of this Act, or its rules
or licencing of nurses in said and regulations and in connection
country are substantially the therewith, issue subpoena and
same as those prescribed in this testificandum and subpoena
Act; duces tecum to ensure the
b. He or she is at least eighteen (18) appearance of respondents and
years of age: Provided that any witnesses and the production of
underage applicant who documents and punish with
successfully passes the contempt persons obstructing,
examination shall not be impeding, and/or otherwise
permitted or licensed to practice interfering with the conduct of
such proceedings, upon the examination, unless he proves to the
application with the court. satisfaction of the Board that he/she has
f. Promulgate a Code of Ethics in undergone a refresher course consisting in
coordination and consultation enrollment and passing in the regular fourth
year subjects in a recognized nursing school.
c. He or she is in good health and is with the accredited professional
of good moral character; and organization of nurses within one
d. He or she is a holder of a (1) year from the effectivity of
bachelor’s degree in nursing from this Act;
a college or university duly g. Recognize nursing specialty
recognized by the proper organizations in coordination
government agency. with the accredited professional
organization; and
Sec.14. Licensure Examination. - h. Prescribe, adopt, issue and
The licensure examination for the practice of promulgate guidelines,
nursing in the Philippines shall be given by regulations, measures and
the Board not earlier than one (1) month but decisions as may be necessary for
not later than two (2) months after the closing the improvement of the4 nursing
of the semester prescribed by the Department practice, advancement of the
of Education, Culture and sports. The profession and for the proper and
examination shall be held in the City of full enforcement of this Act
Manila or in such places as may be decided subject to the review and
by the Board subject to the approval of the approval by the Commission.
Professional Regulation Commission.
Sec.10. Annual Report. - The
Sec. 15. Scope of Examination. - The Board shall at the close of its calendar
scope of examination for the practice of year submit an annual report to the
nursing in the Philippines shall be determined President of the Philippines through the
by the Board. The Board shall take into Commission giving a detailed account
consideration the objectives of the nursing of its proceedings and the
curriculum, the board areas of nursing, and accomplishment during the year and
other related disciplines and competencies in making recommendations for the
determining the subjects of examinations. adoption of nurses that will upgrade and
improve the conditions affecting the
Sec.16. Rating in the Examination. - practice of the nursing profession.
In order to pass the examination, an examinee
must obtain a general average rating of at Sec. 11. Removal or Suspension of
least seventy-five percent (75%) with a rating Board Members. – The President may remove
of not below sixty percent (60%) in any or suspend any member of the Board after been
subject. An examinee who obtains an given the opportunity to defend himself/herself
average rating of seventy five percent (75%) in a proper administrative investigation, on the
or higher but gets a rating below sixty percent following grounds:
(60%) in any given subject must take the
examination again, but only in the subject or a. Continued neglect of duty or
subjects where he or she rated below sixty incompetence;
percent (60%). b. Commission or tolerance of
irregularities in the licensure
In order to pass the succeeding examination; and
examination, an examinee must obtain a c. Unprofessional, immoral or
rating of at least seventy five percent (75%) dishonorable conduct.
in the subject or subjects repeated.

An examinee who, despite the third


examination, fails to obtain at lest seventy
five percent (75%) in the subject or subjects
repeated shall no longer be allowed to take
c. For gross incompetence and
serious ignorance;
d. For malpractice or negligence in
the practice of nursing; or

Sec.17. Issuance of Certificates. -


certificate of registration as nurse shall be
issued to any applicant who passes the
examination upon payment of the prescribed
fees. Every certificate of registration shall
allow the full name of the registrant; the
serial number, the signature of the members
of the Board, and the official seal of the
Board.

Sec. 18. Fees for Examination and


Registration. - Applicants for licensure
examination and for registration shall pay the
prescribed fees set by the Professional
Regulation Commission.

Sec. 19. Registration by Reciprocity.


- Certificates of registration may be issued
without examination to nurses registered
under the laws of any foreign state or
country: Provided, That the requirements for
the registration or licensing of nurses in said
country are substantially the same as those
prescribed under this Act: Provided, further,
That the laws of such state or country grant
the same privileges to registered nurses of the
Philippines on the same basis as the subject
or citizens of such foreign state or country.

Sec. 20. Non-issuance of Certificates


in Certain Cases. - No pe4rson convicted
by final judgment of any criminal offense
involving moral turpitude or any person
guilty of immoral or dishonorable conduct
shall be issued a certificate of registration.

The Board shall furnish the applicant a


written statement setting forth the reasons for
its actions which shall be incorporated in the
records of the Board.

Sec.21. Revocation and Suspension


of Certificates. - The Board shall have the
power to revoke or suspend the certificate of
registration of a nurse upon any of the
following grounds;

a. For any of the causes mentioned


in the preceding section;
b. For unprofessional and unethical
conduct;
d. Be a member of good standing in
the accredited national nurses’
association; and

e. For the use of fraud, deceit, or


false statements in obtaining a
certificate of registration.

Sec.22. Re-issuance of Revoked


Certificates and Replacement of Lost
Certificates. - The Board may, for reasons of
equity and justice or when the cause for
revocation has disappeared or has been cured
and corrected, upon proper application therefore
and the payment of the required fees, issue
another copy of the certificate of registration.

Article IV Article IV

NURSING EDUCATION EXAMINATION AND


REGISTRATION

Sec.23. General Entrance Sec. 12 Licensure Examination. -


Requirements. - Applicants desiring to All applicants for license to practice nursing
enroll in a nursing course must belong to the shall be required to pass a written examination,
upper forty percent (40%) of the graduating which shall be given by the Board in such places
class of the general secondary course, as and dates as may be designated by the
certified by the school. Commission; Provided, That it shall be in
accordance with Republic Act. No. 8981,
Sec.24. Nursing Education Program. otherwise known as the PRC Modernization Act
- The nursing education program shall of 2000.
provide sound academic and professional
foundation for the practice of nursing. Sec. 13 Qualifications for Admission
to Licensure Examination. - In order to be
Sec.25. Nursing Experiences. - The admitted to the examination for nurses, an
learning experiences required in a classroom, applicant must, at the time of filing his/her
hospital, home, community or other application, establish to the satisfaction of the
health/welfare agency shall adhere strictly to Board that:
specific requirements embodied in the
prescribed curriculum for the nursing course a. He/ She is a citizen of the Philippines,
and in rules, policies and standards of nursing or a citizen or a subject of a country
education. Such learning experiences shall which permits Filipino nurses to
not be less than six (6) units or its equivalent. practice within its territorial limits on
the same basis as the subject or citizen
Sec. 26. Qualifications of the Faculty. of such country: Provided, That the
- A member of the faculty in a college or requirements for the registration or
school of nursing must: licencing of nurses in said country are
substantially the same as those
a. Be a Filipino citizen; prescribed in this Act;
b. Be a registered nurse in the b. He/She is a person of good moral
Philippines; character; and
c. Have at least three (3) years of c. He/ She is a holder of a Bachelor’s
clinical practice in a field of Degree in Nursing from a college or
specialization; university that complies with the
standards of nursing education duly a. Utilization of the nursing
recognized by the proper government process, including assessment,
agency . planning, implementation and
evaluation of nursing care.
Nursing care includes, but is not
e. Be a holder of a master’s degree
in nursing or other related fields Sec. 14. Scope of Examination. - The
conferred by a college or scope of the examination for the practice of
university duly recognized by the nursing in the Philippines shall be determined by
Government of the Republic of the Board. The Board shall take into
the Philippines: Provided, consideration the objectives of the nursing
however, That nothing in this Act curriculum, the board areas of nursing, and other
shall be construed to disqualify related disciplines and competencies in
those who have already been determining the subjects of examinations.
considered qualified and actually
occupying the position before the Sec. 15. Ratings. - In order to pass
effectivity of this Act. Provided, the examination, an examinee must obtain a
further, That those occupying general average of at least seventy-five percent
such position before the (75%) with a rating of nor below sixty percent
effectivity of this Act shall be (60%) in any subject. An examinee who obtains
given a period of five (5) years an average rating of seventy five percent (75%)
from the date of effectivity of or higher but gets a rating below sixty percent
this Act within which to qualify (60%) in any subject must take examination
under the provision hereof. again but only in the subject or subjects where
Provided, finally, That by the he/she is rated below sixty percent (60%). In
year 2000, all colleges of nursing order to pass the succeeding examination, an
shall only employ faculty examinee must obtain a rating of at least seventy
members with a master’s degree five percent (75%) in the subject or subjects
in nursing or in other related repeated.
fields.
Sec. 16. Oath. - All successful
In addition to the aforementioned candidates in the examination shall be required
qualifications, the dean of a college or school of to take an oath of profession before the Board or
nursing must have at least three (3) years of any government official authorized to administer
experience in teaching and supervision in oaths to entering upon the nursing practice.
nursing education, and preferably must have a
master'’ degree in administration and supervision Sec. 17. Issuance of Certificate of
of nursing education programs. Registration/Professional License and
Professional Identification Card. - A
certificate of registration/professional license as
Article V a nurse shall be issued to an applicant who
passes the examination upon payment of the
NURSING PRACTICE prescribed fees. Every certificate of
registration/professional license shall show the
Sec. 27. Scope of Nursing. - A person full name of the registrant, the serial number, the
shall be deemed to be practicing nursing within signature of the Chairperson of the Commission
the meaning of this Act when he/she, for a fee, and of the Members of the Board, and the
salary or other reward or compensation, singly or official seal of the Commission.
in collaboration with another, initiates and
performs nursing services to individuals, families A professional identification card, duly signed
and communities in various stages of by the Chairperson of the Commission, bearing
development toward the promotion of health, the date of registration, license number, and the
prevention of illness, restoration of health, and date of issuance and expiration thereof shall
alleviation of suffering through: likewise be issued to every registrant upon
payment of the required fees.
Sec. 18. Fees for Examination and Sec.28. Qualifications of Nursing
Registration. - Applicants for licensure and for Service Administrators. - A person occupying
registration shall pay the described fees set by supervisory or managerial positions requiring
Commission. knowledge of nursing must:

limited to, traditional and Sec. 19. Automatic Registration of


innovative approaches in use of Nurses. - All nurses whose name s appear at the
self, executing nursing roster of nurses shall be automatically or ipso
techniques and procedure, facto registered as nurses under this Act upon its
comfort measures, health effectivity.
teaching and administration of
legal and written prescriptions Sec. 20 Registration by Reciprocity. -
for treatment, therapies, A certificated of registration/professional license
medication and hypodermic, may be issued without examination to nurses
intramuscular, or intravenous registered under the laws of a foreign state or
injections: Provided, however, country: Provided, That the requirements for
That, in the administration of registration or licensing of nurses in said country
intravenous injections, special are substantially the same as those prescribed
training shall be required under this Act: Provided, further, That the laws
according to protocol of such state or country grant the same privileges
established; to registered nurses of the Philippines on the
b. Establishment of linkages with same basis as the subjects or citizen of such
community resources and foreign state or country.
coordination of the health team:
c. Motivation of individuals, Sec. 21. Practice Through
families, and communities; Special/Temporary Permit. - A
resources and coordination of special/temporary permit may be issued by the
services with other members of Board to the following persons subject to the
the health team; approval of the Commission and upon payment
d. Participation in teaching, of the prescribed fees:
guidance, and supervision of
students in nursing education a. Licensed nurses from foreign
programs, including administering countries/.states whose service are
nursing services in varied settings either for a fee or free if they are
such as hospitals, homes, internationally well-known specialists
communities and the like; or outstanding experts in any branch or
undertaking consultation services; specialty of nursing;
and engaging in such other b. Licensed nurses from foreign
activities that require the countries/states on medical mission
utilization of knowledge and whose services shall be free in a
decision-making skills of a particular hospital, center or clinic; and
registered nurse; and c. Licensed nurses from foreign
e. Undertaking nursing and health countries/states employed by
manpower development training schools/colleges of nursing as exchange
and research and soliciting professors in a branch or specialty of
finances therefore, in cooperation nursing; Provided, however, That the
with the appropriate government special/temporary permit shall be
or private agency; Provided, effective only for the duration of the
however, That this provision shall project, medical mission or employment
not apply to nursing students who contract.
perform the nursing functions
under the direct supervision of Sec. 22. Non-registration and Non-
qualified faculty. issuance of Certificates of Registration. - No
person convicted by the final judgment of any
criminal offense involving moral turpitude or
any person guilty of immoral or dishonorable HEALTH HUMAN RESOURCE
conduct or any person declared by the court to be DEVELOPMENT, PRODUCTION, AND
unsound mind shall be registered and be issued a UTILIZATION
certificate of registration/professional license or
a special/temporary permit.

a. Be a Filipino or a former citizen The Board shall furnish the applicant a


who has officially declared written statement setting forth the reasons for its
his/her intention to reacquire actions, which shall be incorporated in the records
Filipino citizenship; of the Board.
b. Be a registered nurse in the
Philippines; Sec. 23. Revocation and Suspension.
c. Be a member in good standing of The Board shall have the power to revoke or
the of the accredited national suspend the certificate of registration/professional
organization of nurses; license or cancel the special/temporary permit of a
d. Have at least two (2) years nurse upon any of the following grounds:
experience in general nursing a. For any of the causes mentioned in
service administration; and the preceding section;
e. Possess a degree of Bachelor of b. For unprofessional and unethical
Science in Nursing, with at least conduct;
nine (9) units in management d. For gross incompetence or serious
courses at the graduate level. ignorance;
c. For malpractice or negligence in the
Provided, That a person occupying the position of practice of nursing;
chief nurse or director of nursing service shall, in e. For the use of fraud, deceit, or false
addition to the foregoing qualifications, possess: statements in obtaining a certificated of
registration/professional license or a
a. At least five (5) years of temporary/ special permit;
experience in a supervisory or f. For violation of this Act, the rules and
managerial position in nursing;; regulations, Code of Ethics for nurses
and and technical standards for nursing
b. A master’s degree major in practice, policies of the Board and the
nursing service administration or Commission, or the conditions and
its equivalent: Provided, limitations for the issuance of the
however, That those occupying temporary special permit; or
such position before the g. For practicing his/her profession during
effectivity of this Act shall be his/her suspension from such practice;
given a period of five (5) years Provided, however, That the suspension
from the date of effectivity of this of the certificate of
Act within which to qualify; registration/professional license shall be
Provided, further, That, by the for a period not to exceed four (4) years.
year 2000, only holders of a
master’s degree major in nursing Sec. 24. Re-issuance of Revoked
administration shall be appointed Certificates and Replacement of Lost
to such position: Provided, Certificates. - The Board may, after the
finally, That, for hospitals with expiration of a maximum of four (4) years from
bed capacity of fifty (50) and the date of revocation of a certificate, for reasons
below, the minimum academic of equity and justice and when the cause of
qualification and experiences for revocation has disappeared or has been cured and
a chief nurse shall be as specified corrected, upon proper application therefore and
under subsections ( c ), (d) an d the payment of the required fees, issue another
(e) of this section. copy of the certificate of registration/professional
license.

Article VI A new certificated/professional license to replace


the certificated that has been lost, destroyed or
mutilated may be issued, subject to the rules of conferred said degree of
the Board. registration;
b. Any person who undertakes in-service
educational programs or who conducts
review classes for both local and foreign
examinations without
Sec.29. Studies for Nursing
Manpower Needs, Production, Utilization and Article V
Development. - The Nursing Board shall
undertake a studies and initiate and/or cooperate NURSING EDUCATION
with appropriate government or private agencies
in the conduct of studies for health human Sec. 25. Nursing Education
resource production, utilization, and Program. - The nursing education program
development. shall provide sound general and professional
foundation for the practice of nursing.

Article VII The learning experiences shall adhere


strictly to specific requirements embodied in the
PENAL AND MISCELLANEOUS prescribed curriculum as promulgated by the
PROVISIONS Commission on Higher Education’s policies and
standards of nursing education.

Sec. 30. Prohibitions in the Practice Sec. 26. Requirements For Inactive
of Nursing, - A fine of not less than Ten Nurses Returning to Practice. - Nurses who
thousand pesos ( P 10,000.00) nor more than have not actively practiced the profession for
Forty Thousand pesos (p 40,000.00) or five (5) consecutive years are required to
imprisonment of not less than one (1) year nor undergo one (1) month of didactic training and
more than six (6) years, or both, in the discretion three (3) months of practicum. The Board shall
of the court, shall imposed upon: accredit hospitals to conduct the said training
program.
a. Any person practicing nursing in the
Philippines within the meaning of this Act: Sec. 27. Qualifications of the
1. Without a certificate of Faculty. - A member of the faculty in a
registration or without having college of nursing technical professional courses
been declared exempt from the must:
examination in accordance with
the provisions of this act; a. Be a registered nurse in
2. Who uses as his/ her own the the Philippines;
certificate registration of another; b. Have at least one (1) year
3. Who uses an expired, of clinical practice in the
suspended, or revoked certificate field of specialization;
of registration; c. Be a member of good
4. Who gives any false evidence standing in the accredited
to the Board of Nursing in order professional organization
to obtain a certificated of of nurses; and
registration; d. Be a holder of a master’s
5.Who falsely poses or advertises degree in nursing,
as a registered nurse education, or other allied
or uses any other means that tend medical and health
to convey the impression that he sciences conferred by a
or she is a registered nurse; or college or university duly
6. Who appends BSN/RN recognized by the
(Bachelor of Science in Government of the
Nursing/Registered Nurse) to Republic of the
his/her name without having been Philippines.
In addition to the aforementioned (Sgd.) EDWIN P. ACOBA
qualifications, the dean of college must have a Secretary of Senate
master’s degree in nursing. He/She must have at
least five (5) years of experience in nursing.
(Sgd.) CAMILO L. SABIO
Secretary General, House of Representatives

permit/clearance from the Philippine Article VI


Nursing Association, the Board of Nursing
and the appropriate office or officer of the NURSING PRACTICE
Department of Labor and Employment; and
c. Any person violating any provision of this Sec. 28. Scope of Nursing. - A
Act. person shall be deemed to be a practicing
nursing within the meaning of this Act when
Sec.31. Standard Basic Pay. - Based he/she singly or in collaboration with another ,
on current National Economic and Development initiates and performs nursing services to
Authority (NEDA) figures, the proper individuals, families, and communities in any
government office or agency shall fix a standard healthcare setting. It includes, but not limited to,
pay for all nurses working in either public or nursing care during conception, labor, delivery,
private health agencies. The same standard basic infancy, childhood, toddler, pre-school, school
pay shall be increased periodically to cope with age, adolescence, adulthood, and old age. As
the increasing cost of living. independent practitioners, nurses are primarily
responsible for the promotion of health and
Sec.32. Enforcement of this Act. - It prevention illness. As members of the health
shall be the duty of all duly constituted law- team, nurses shall collaborate with other
enforcement agencies and officers of national,, healthcare providers for the curative, preventive
provincial, city and municipal government to and rehabilitative aspects of care, restoration of
enforce the provisions of this Act and to health, alleviation of suffering , and when
prosecute any person violating the same. recovery is not possible, toward a peaceful death.
It shall be the duty of the nurse to:

Sec. 33. Repealing Clause. - All a. Provide nursing care through the
laws, decrees, orders, circulars, rules and utilization of the nursing process.
regulations, and other issuances which are Nursing care includes, but is not
consistent with this Act are hereby repealed, limited to, traditional and
amended or modified accordingly: innovative approaches,
therapeutic use of self, executing
Sec. 34. Separability Clause. - If healthcare techniques and
any part of this Act is declared unconstitutional, procedures, essential primary
the remaining part not affected thereby shall health care, comfort measures,
continue to valid and operational. health teachings, and
administration of written
Sec. 35. Effectivity. - This Act shall prescription for treatment,
take effect one (1) month after its publication in therapies, oral, tropical, and
any newspaper of general circulation in the parenteral medications, internal
Philippines. examination during labor in the
absence of antenatal bleeding and
Approved. delivery. In case of suturing of
perineal laceration, special
This Act which is a consolidation of training shall be provided
House Bill No. 32716 and Senate Bill No. 335 according to protocol established;
was finally passed by the House of b. Establish linkages with the
Representatives and the Senate on June 6, 1991. community resources and
coordination with the health
team;
c. Provide health education to
individuals, families, and
communities;
d. Teach, guide, and supervise
students in nursing education
programs including the
administration of nursing
services in varied settings such as
Approved: November 21, 1991 hospitals and clinics; undertake
consultation services; engage in
such activities that require the
utilization of knowledge and
(Sgd.) CORAZON C. AQUINO decision-making skills of a
President of the Philippines registered nurse; and
e. Undertake nursing and health
human resource development
training and research which shall
include, but is not limited to, the
development of advance
nursing practice;

Provided, That this section shall not


apply to nursing students who perform nursing
functions under the direct supervision of a
qualified faculty: Provided, further, That in the
practice of nursing in all settings, the nurse is
duty-bound to observe the Code of Ethics for
nurses and uphold the standards of safe nursing
practice. The nurse is required to maintain
competence by continual learning experience
through continuing professional education to be
provided by the accredited professional
organization or any recognized professional
nursing organization: Provided, finally, The
program and activity for the continuing
professional education shall be submitted to and
approved by the Board.

Sec. 29. Qualifications of Nursing


Service Administrators. - A person
occupying supervisory or managerial positions
requiring knowledge of nursing must:

a. Be a registered nurse in
the Philippines;
b. Have at least two (2) years
experience in general
nursing service
administration;
c. Possess a degree of
Bachelor of Science in
Nursing, with at least nine
(9) units in management
and administration courses
at the graduate level;
d. Be a member of good
standing of the accredited
professional organization
of nurses;

Provided, That a person occupying the


position of chief nurse or director of nursing
service shall, in addition to the foregoing
qualifications, possess: e. .At least five (5) years experience
in s supervisory or managerial
position in nursing; and
f. .A master’s degree major in
nursing;

Provided, further, That for primary


hospitals, the maximum academic qualifications
and experiences for a chief nurse shall be as
specified in subsections (a), (b), and (c) of this
section: Provided, furthermore, That for chief
nurses in the public health agencies, those who
have a master’s degree in public
health/community health nursing shall be given
priority. Provided, even further, that for chief
nurses in military hospitals, priority shall be
given to those who have finished a master’s
degree in nursing and the completion of the
General Staff Course (GSC): Provided, finally,
That those occupying such positions before the
effectivity of this Act shall be given a period of
five (5) years within which to qualify.

Article VII

HEALTH HUMAN RESOURCE


PRODUCTION, UTILIZATION, AND
DEVELOPMENT

Sec. 30. Studies for Nursing


Manpower Needs, Production, Utilization and
Development. - The Board, in coordination
with the accredited professional organization and
appropriate government or private agencies shall
initiate, undertake and conduct studies on health
human resource production, utilization, and
development.

Sec. 31. Comprehensive Nursing


Specialty Program. - Within ninety (90) days
from the effectivity of this Act, the Board, in
coordination with the accredited professional
organization, recognized specialty organizations
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, such as but not
limited to the areas of critical care, oncology,
renal and such areas as may be determined by
the Board.

The beneficiaries of this program are


obliged to serve in any Philippine hospital for a
period of at least two (2) years of continuous
service.

Sec. 32. Salary. - In order to


enhance the general welfare, commitment to
service, and professionalism of nurses, the
minimum base pay of nurses working in the
public health institutions shall not be lower than
salary grade 15 prescribed under Republic Act
6758, otherwise known as the Compensation and
Classification Act of 1989: Provided, That for
nurses working in local government units,
adjustments to their salaries shall be in
accordance with Section 10 of the said law.

Sec. 33. Funding for the


Comprehensive Nursing Specialty Program. -
The annual financial requirement needed to train
at least ten percent (10%) of the nursing staff of
the participating government hospital shall be
chargeable against the income of the Philippine
Charity Sweepstakes and the Philippine
Amusement and Gaming Corporation, which
shall equally share in the costs and shall be
released to the Department of Health subject to
accounting and auditing procedures: Provided,
That the Department of Health shall set the
criteria for the availment of this program.

Sec. 34. Incentives and Benefits. -


The Board of Nursing, in accordance with the
Department of Health and other concerned
government agencies, association of hospitals
and the accredited professional organization,
shall be establish an incentive and benefit system
in the form of free hospital care of nurses and
their dependents, scholarship grants, and other
non-cash benefits. The government and private
hospitals are hereby mandated to maintain the
standard nurse-patient ratio set by the
Department of Health.

Article VIII
PENAL AND MISCELLANEOUS
PROVISIONS

Sec. 35. Prohibitions in the Practice


of Nursing. - A fine of not less than Fifty
thousand pesos (P 50,000.00) nor more than One
hundred thousand pesos (P 100,000.00) or
imprisonment of not less than one (1) year nor
more than six (6) years, or both, upon the
discretion of the court, shall imposed upon:
a. Any person practicing nursing in the
Philippines within the meaning of this
Act:
1. Without a certificate of
registration/professional
license and professional
identification card or
special temporary permit or
without having been
declared exempt from the
examination with the
provision of this Act: or
3. Who uses as his/her own
the certificated of
registration/professional
license and professional
identification card or
special temporary permit of
another; or
4. Who uses an invalid
certificate of
registration/professional
license, a suspended or
revoked certificate of
registration/professional
license, or an expired or
cancelled
special/temporary permit;
or
5. Who gives any false
evidence to the Board in
order to obtain a certificate
of registration/professional
license, a professional
identification card or
special permit; or
6. Who falsely poses or
advertises as a registered
and licensed nurse or uses
any other means that tend
to convey the impression
that he/she is a registered
and licensed nurse; or
7. Who appends BSN/RN
(Bachelor of Science in
Nursing/registered Nurse)
or any similar appendage to
his/her name without
having been conferred said
degree or registration; or
8. Who, as registered and
licensed nurse, abets or
assists the illegal practice
of a person who is not
lawfully qualified to practice
nursing.
b. Any person or chief executive office of a
juridical entity who undertakes in-service
educational programs or who conducts review
classes for both local and foreign examination
without permit/clearance from the Board and the
Commission; or
c. Any person or employer of nurses who
violate the minimum base of nurses and the
incentives and benefits that should be accorded
them as specified in Section 32 and 34; or
d. Any person or the chief executive officer of
a juridical entity violating any provisions of this
Act and its rules and regulations.

Article IX

FINAL PROVISIONS

Sec. 36. Enforcement of this Act. -


It shall be the primary duty of the Commission
and the Board to effectively implement this Act.
Any duly law enforcement agencies and officers
of national, provincial, city, or municipal
governments shall, upon the call or request of the
Commission or the Board, render assistanc3e in
enforcing the provisions of this Act and to
prosecute any persons violating the same.

Sec. 37. Appropriations. - The


Chairperson of the Professional Regulation
Commission shall immediately include in its
program and issue such rules and regulations to
implement the provisions of this Act, funding of
which shall be included in the Annual General
Appropriations Act.

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. The
implementing rules and regulations shall be
published in the Official Gazette or in any
newspaper of general circulation.

Sec. 39. Separability Clause. - If


any part of this Act is declared unconstitutional,
the remaining parts not affected thereby shall
continue to be valid and operational.
Sec. 40. Repealing Clause. -
Republic Act. No. 7164, otherwise known as the
Philippine nursing Act of 1991 is hereby
repealed. All other laws, decrees, orders,
circulars, issuances, rules and regulations and
parts thereof which are inconsistent with this Act
are hereby repealed, amended or modified
accordingly.

Sec. 41. Effectivity. - This Act shall


take effect fifteen (15) days upon its publication
in the Official Gazette or any two (2) newspaper
of 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 House


of Representatives, was finally passed in the
House of Representatives and the Senate on
October 15, 2002 and October 8, 2002,
respectively.

(Sgd.) OSCR G. YABES


Secretary of the Senate

(Sgd.) ROBERTO P. NAZARENO


Secretary General, House of Representatives

Approved: October 21, 2002

(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

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