QuestionsQuestions (Republic Act No. 9173)
RA 9173 is titled the “Philippine Nursing Act of 2002.” The policy of the State is to protect and improve the nursing profession by instituting measures for relevant nursing education, humane working conditions, better career prospects, and a dignified existence for nurses, while guaranteeing the delivery of quality basic health services through an adequate nursing personnel system nationwide.
RA 9173 creates a Professional Regulatory Board of Nursing composed of a Chairperson and six (6) members. The President appoints them from among two (2) recommendees per vacancy of the PRC, chosen and ranked from a list of three (3) nominees per vacancy of the accredited professional organization of nurses in the Philippines.
They must be (1) natural-born citizens and residents of the Philippines; (2) members in good standing of the accredited professional organization of nurses; (3) registered nurses with a master’s degree in nursing, education or allied medical profession (with the majority having master’s in nursing and the Chairperson also having a master’s in nursing); (4) at least ten (10) years continuous practice prior to appointment, with the last five (5) years in the Philippines; and (5) not have been convicted of any offense involving moral turpitude. Also, membership must represent three (3) nursing areas: education, nursing service, and community health nursing.
Any appointed Board member/Chairperson must immediately resign from any teaching position in schools/colleges/universities offering BS Nursing and/or review programs for local nursing board exams, or from any government position (including GOCCs and subsidiaries) or private sector employment. They must not have any pecuniary interest in or administrative supervision over any institution offering BS Nursing, including review classes.
The Chairperson and members hold office for a term of three (3) years and until successors are appointed and qualified; they may be reappointed for another term. Vacancies within the term are filled only for the unexpired portion, and each must take the oath of office.
The Board is under the administrative supervision of the Professional Regulation Commission (PRC). All Board records—including applications for examinations and administrative/investigative cases—are under the custody of the PRC.
Examples (any five): (1) Conduct the licensure examination for nurses; (2) issue, suspend or revoke certificates of registration; (3) monitor/enforce quality standards of nursing practice and maintain ethical/technical/moral/professional standards; (4) ensure quality nursing education by examining facilities and recommend opening/closing courses (to CHED); (5) conduct hearings/investigations and issue subpoenas, and punish for contempt; (6) promulgate a Code of Ethics (within one year); (7) recognize nursing specialty organizations; (8) prescribe guidelines and regulations subject to PRC review/approval.
At the time of filing, the applicant must establish that they are (1) a citizen of the Philippines or from a country that allows Filipino nurses to practice under substantially the same conditions; (2) of good moral character; and (3) a holder of a Bachelor’s Degree in Nursing from a college/university complying with recognized nursing education standards.
To pass, the examinee must obtain a general average of at least 75% and not below 60% in any subject. If the general average is at least 75% but a subject is below 60%, the examinee must retake only the subject(s) below 60%. To pass the succeeding exam, the retaken subject(s) must receive at least 75%.
Automatic registration: nurses whose names appear at the roster of nurses are automatically/ipso facto registered upon effectivity of the Act. Reciprocity: a certificate of registration may be issued without examination to nurses registered under foreign laws if requirements are substantially the same and if those countries grant the same privileges to Filipino nurses.
RA 9173 penalizes, with a fine of not less than ₱50,000 nor more than ₱100,000 and/or imprisonment of not less than 1 year nor more than 6 years (discretionary), acts such as practicing nursing without required license/permit, using another person’s certificate, using invalid/suspended/revoked/expired permits, giving false evidence to obtain registration, falsely posing/advertising as a licensed nurse, using BSN/RN appendages without entitlement, and abetting illegal practice by persons not lawfully qualified.
Grounds include: causes mentioned in Section 22 (e.g., conviction involving moral turpitude, immoral/dishonorable conduct, unsound mind declared by court); unprofessional/unethical conduct; gross incompetence or serious ignorance; malpractice or negligence; fraud/deceit/false statements to obtain license or permit; violation of the Act, rules/regulations, Code of Ethics, technical standards, board/commission policies, or conditions of special/temporary permit; and practicing during suspension.
Practicing nursing includes initiating and performing nursing services to individuals, families and communities in any health care setting, including across life stages from conception to old age. Nurses promote health and prevent illness as independent practitioners; collaborate with the health team for curative/preventive/rehabilitative aspects and, when recovery is not possible, towards a peaceful death. Nurses have duties such as providing nursing care via the nursing process; health education; establishing linkages with community resources; teaching/guiding/supervising students and consultation services; and undertaking nursing and health human resource development training/research, including advanced practice development—subject to supervision rules for nursing students.
Inactive nurses who have not actively practiced for five (5) consecutive years must undergo one (1) month didactic training and three (3) months practicum, with the Board accrediting hospitals to conduct the training. Faculty teaching professional courses must be registered nurses; have at least one (1) year clinical practice in specialization; be members in good standing of the accredited professional organization; and have a master’s degree from a duly recognized government-recognized institution. Deans must have a master’s degree in nursing and at least five (5) years’ nursing experience.
Section 32 requires the minimum base pay of nurses working in public health institutions not be lower than Salary Grade 15 under RA 6758 (with LGU adjustments following Section 10 of RA 6758). Section 34 mandates government and private hospitals maintain the standard nurse-patient ratio set by the Department of Health and requires an incentive/benefit system (e.g., free hospital care, scholarship grants, and non-cash benefits).