Nursing Legislatio N

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NURSING

LEGISLATIO
N
Legislation
– statutory laws which have been enacted by
governing body
– Purpose:
 to regulate
 to authorize
 to proscribe
 to provide (funds)
 to sanction
 to grant
 to declare
 to restrict
Nursing Legislation

- laws related to the practice of the


nursing profession
R.A. 9173
The Philippine Nursing
Act of 2002
HISTORY
1915 – Act No. 2493 (regulated the practice of medicine)
 
1919 – Act 2808 (First True Nursing Law)

1953 – R.A. 877 (The Philippine Nursing Law)

1966 – R.A 4707

1991 – R.A. 7164 (The Philippine Nursing Act of 1991)

2002 – R.A. 9173 (The Philippine Nursing Act of 2002)


Important Dates

 October 08, 2002 – approval of the House of


the Senate
 October 15, 2002 – approval of the Congress
 October 21, 2002 – approval by President
Gloria Macapagal-Arroyo
AUHTORS

 House of Congress: Carlos Padilla


 Senate: Juan Flavier
COMPOSITION

9 Articles
41 Sections
THE LAW
ARTICLE I

Title
Section 1. Title

“ Philippine Nursing Act of


2002."
ARTICLE II
Declaration of Policy
Declaration of Policy
Section 2. Declaration of Policy

It is the responsibility of the state to


protect and improve the nursing
profession
ARTICLE III
Organization of the Board of
Nursing
Section 3. Creation and Composition
of the Board

 Composition:
 1 chairperson
 6 members
 Creation:
3 nominees by APO

2 nominees by PRC

1 appointee by the President


Section 4. Qualifications of the Chairperson
and Members of the Board
 (a) natural born citizen and resident of the Philippines;

 (b) member of good standing of the accredited professional


organization of nurses;
 
 (c) registered nurse and holder of a master's degree in nursing,
education or other allied medical profession.

 (d) Have at least ten (10) years of continuous practice of the profession
prior to appointment: Provided, however, That the last five (5) years of
which shall be in the Philippines; and
 
 (e) Not have been convicted of any offense involving moral turpitude;
Section 4

Provided, That the membership to the Board


shall represent the three (3) areas of nursing,
namely:
 nursing education
 nursing service
 community health nursing.
Section 5. Requirements Upon Qualification as
Member of the Board of Nursing.

RESIGNATION
Section 6. Term of Office

Three years
can be reappointed for another
term
Section 7. Compensation of the
Board Members
Same as other regulatory boards
Section 8. Administrative Supervision of the
Board, Custodian of its Records, Secretariat and
Support Services

PRC
Section 9. Powers and Duties of the Board. 
(a) Conduct the licensure examination for nurses;
(b) Issue, suspend or revoke certificates of registration for the practice of nursing;
(c) Monitor and enforce quality standards of nursing practice.
(d) Ensure quality nursing education.
 (e) Conduct hearings and investigations to resolve complaints against nurse
practitioners for unethical and unprofessional conduct and violations of this Act.
(f) Promulgate a Code of Ethics .
(g) Recognize nursing specialty organizations in coordination with the accredited
professional organization; and
(h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and
decisions as may be necessary for the improvements of the nursing practice,
advancement of the profession and for the proper and full enforcement of this
Act subject to the review and approval by the Commission.
Section 10. Annual Report

 Detailed account of proceedings


 Yearly accomplishments
 Recommendation for the improvement of practice of nursing
profession

Commission

President
Section 11. Removal or Suspension of
Board Members

(a) Continued neglect of duty or incompetence;


 
(b) Commission or toleration of irregularities in
the licensure examination; and

(c) Unprofessional immoral or dishonorable


conduct.
ARTICLE IV
Examination and Registration
Section 12. Licensure Examination
Section 13. Qualifications for Admission to
the Licensure Examination

(a) a citizen of the Philippines, or a citizen or


subject of a country which permits Filipino
nurses to practice within its territorial limits
on the same basis as the subject or citizen of
such country
(b) of good moral character
(c) holder of a Bachelor's Degree in Nursing
Section 14. Scope of Examination

Determined by the Board


Section 15. Ratings 

General average not less 75% with rating not


below 60% in any subject
Section 16. Oath
Section 17. Issuance of Certificate of
Registration/Professional License and
Professional Identification Card. 

Passing the examination


+ paying the prescribed fees
__________________________________
professional license + professional ID
Section 18. Fees for Examination and
Registration

Set by the commission


Section 19. Automatic Registration of
Nurses.
Section 20. Registration
by Reciprocity. 
Section 21. Practice Through
Special/Temporary Permit

a) Licensed nurses from foreign countries/states whose service are either


for a fee or free if they are internationally well-known specialists or
outstanding experts in any branch or specialty of nursing;
 
(b) Licensed nurses from foreign countries/states on medical mission
whose services shall be free in a particular hospital, center or clinic; and
 
(c) Licensed nurses from foreign countries/states employed by
schools/colleges of nursing as exchange professors in a branch or
specialty of nursing; Provided, however, That the special/temporary
permit shall be effective only for the duration of the project, medical
mission or employment contract. 
Section 22. Non-registration and Non-issuance of
Certificates of Registration/Professional
License or Special/Temporary Permit

a. Convicted of any criminal offense involving


moral turpitude
b. Guilty of immoral/dishonorable conduct
c. Unsound mind
Section 23. Revocation and suspension of
Certificate of Registration/Professional License
and Cancellation of Special/Temporary Permit
(a) For any of the causes mentioned in the preceding section;
(b) For unprofessional and unethical conduct;
(c) For gross incompetence or serious ignorance;
(d) For malpractice or negligence in the practice of nursing;
(e) For the use of fraud, deceit, or false statements in obtaining a
certificate of registration/professional license or a
temporary/special permit;
(f) (f) For violation of this Act, the rules and regulations, Code of Ethics
for nurses and technical standards for nursing practice, policies of
the Board and the Commission, or the conditions and limitations
for the issuance of the temporarily/special permit; or
(g) (g) For practicing his/her profession during his/her suspension from
such practice;
Section 24. Re-issuance of Revoked Certificates
and Replacement of Lost Certificates

After four years/cause is already corrected


+ application and payment of required fees
____________________________________
reissuance
ARTICLE V
Nursing Education
 
Section 25. Nursing Education Program 

Commission on Higher Education's


policies and standards of nursing
education
Section 26. Requirement for Inactive Nurses
Returning to Practice

Inactive Nurses
- those who did not practice their profession
for 5 consecutive years

- Requirements:
1 month didactic training
3 months practicum
Section 27. Qualifications of the Faculty

(a) registered nurse in the Philippines;


 
(b) at least one (1) year of clinical practice in a field of specialization;
 
(c) member of good standing in the accredited professional
organization of nurses; and
 
(d) Be a holder of a master's degree in nursing, education, or other
allied medical and health sciences.

dean of a college must have a master's degree in nursing. He/she must


have at least five (5) years of experience in nursing.
ARTICLE VI
Nursing Practice
Section 28. Scope of Nursing

A person shall be deemed to be practicing nursing within the


meaning of this Act when he/she singly or in collaboration with
another, initiates and performs nursing services to individuals,
families and communities in any health care setting. It includes,
but not limited to, nursing care during conception, labor, delivery,
infancy, childhood, toddler, preschool, school age, adolescence,
adulthood, and old age. As independent practitioners, nurses are
primarily responsible for the promotion of health and prevention
of illness. A members of the health team, nurses shall collaborate
with other health care providers for the curative, preventive, and
rehabilitative aspects of care, restoration of health, alleviation of
suffering, and when recovery is not possible, towards a peaceful
death. It shall be the duty of the nurse to:
Section 28. Scope of Nursing

(a) Provide nursing care through the utilization of the nursing process.
Nursing care includes, but not limited to, traditional and innovative
approaches, therapeutic use of self, executing health care
techniques and procedures, essential primary health care, comfort
measures, health teachings, and administration of written
prescription for treatment, therapies, oral topical and parenteral
medications, internal examination during labor in the absence of
antenatal bleeding and delivery. In case of suturing of perineal
laceration, special training shall be provided according to protocol
established;

(b) establish linkages with community resources and coordination with


the health team;

(c) Provide health education to individuals, families and communities;


 
Section 28. Scope of Nursing
(d) Teach, guide and supervise students in nursing education programs including
the administration of nursing services in varied settings such as hospitals
and clinics; undertake consultation services; engage in such activities that
require the utilization of knowledge and decision-making skills of a
registered nurse; and

(e) Undertake nursing and health human resource development training and
research, which shall include, but 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 through continuing
professional education to be provided by the accredited professional
organization or any recognized professional nursing organization: Provided,
finally, That the program and activity for the continuing professional
education shall be submitted to and approved by the Board.
 
Section 29. Qualification of Nursing
Service Administrators
(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 Bachelors of Science in Nursing, with at least nine (9) units
in management and administration courses at the graduate level; and

(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:

(1) At least five (5) years of experience in a supervisory or managerial position in


nursing; and
(2) A master's degree major in nursing
ARTICLE VII
Health Human Resources Production,
Utilization and Development
Section 30. Studies for Nursing Manpower Needs,
Production, Utilization and Development 

 Board
 APO
 Appropriate government and private
agencies
Section 31. Comprehensive Nursing Specialty
Program

 Board
 APO
 Recignized Specialty Organization
 DOH
Section 32. Salary

Not lower than salary grade 15


(18, 292 – 21, 964)
Section 33. Funding for the Comprehensive
Nursing Specialty Program.

PCSO and PAGCor


Section 34. Incentives and Benefits

Non-cash benefits
ARTICLE VIII
Penal and Miscellaneous
Provisions
Section 35. Prohibitions in the Practice of
Nursing.

A fine of not less than Fifty thousand pesos (P50,000.00) nor more than
One hundred thousand pesos (P100,000.00) or imprisonment of not
less than one (1) year nor more than six (6) years, or both, upon the
discretion of the court, shall be 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 examination in accordance with the provision of this
Act; or

  (2) who uses as his/her own certificate of registration/professional license and


professional identification card or special temporary permit of another; or
  
Section 35. Prohibitions in the Practice of
Nursing
 (3) 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 permits; or
 
 (4) 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
 
 (5) 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
 
 (6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or
any similar appendage to his/her name without having been coferred said degree
or registration; or
 
 (7) who, as a registered and licensed nurse, abets or assists the illegal practice of a
person who is not lawfully qualified to practice nursing.
 
Section 35. Prohibitions in the Practice of
Nursing

(b) any person or the chief executive officer of a judicial 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 pay of nurses and the incentives and benefits that should
be accorded them as specified in Sections 32 and 34; or
(d) any person or the chief executive officer of a juridical entity
violating any provision of this Act and its rules and regulations
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
Thank You Very Much
God bless!!!!

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