QuestionsQuestions (Republic Act No. 7164)
RA 7164 is known as the “Philippine Nursing Act of 1991.” Article I, Section 1 states that the Act shall be known by that title.
The State assumes responsibility for protecting and improving the nursing profession by instituting measures for relevant nursing education and humane working conditions, better career prospects, and dignified existence for nurses. The State also guarantees basic health services through adequate nursing personnel nationwide.
It consists of a Chairman and four (4) members appointed by the President from a list of twelve (12) nominees who are registered nurses of recognized standing. Their qualifications must be certified by the accredited national nurses’ association to the Professional Regulation Commission.
The Board supervises and regulates nursing practice; conducts licensure exam logistics (subjects, syllabi, test questions, scoring/rating and reports); issues/suspends/revokes certificates; studies conditions to ensure ethical and professional standards; examines facilities of schools seeking to open nursing programs; requires one year of nursing service in the Philippines before state college/university graduates may leave for overseas jobs; investigates violations (summons/subpoena and contempt power via Chairman with Board approval); and promulgates measures for proper enforcement and improvement.
A Board member must be: a Philippine citizen and resident; a member in good standing of the accredited national nurses’ association; a registered nurse with a master’s degree in nursing from a recognized institution; at least ten (10) years of continuous practice; not a holder of a green card (or equivalent); and not convicted of an offense involving moral turpitude even if previously extended pardon by the President.
They must automatically resign from any teaching position, review program for the local nursing board exams, or any government employment position (including government-owned/controlled corporations) and must not have any pecuniary interest in or administrative supervision over institutions offering basic nursing education programs (including review classes).
Chairman and members serve for three (3) years and until successors qualify. Reappointment is allowed for another term not exceeding three (3) years, with rules on automatic Chairman determination by seniority or best-qualified selection depending on how many members are reappointed. Vacancies are filled only for the unexpired portion of the term.
The President may remove a member after due opportunity to defend in an administrative investigation supervised under the Department of Justice, upon instruction of the President, for: continued neglect of duty or incompetence; commission or toleration of irregularities in Board examinations; and unprofessional or dishonorable conduct.
At the time of filing, applicant must establish that: (1) he/she is a Philippine citizen, or a citizen/subject of a country that permits Filipino nurses to practice under substantially the same requirements; (2) he/she is at least eighteen (18) years old, and underage passers cannot practice until reaching age of majority; (3) he/she is in good health and of good moral character; and (4) he/she is a holder of a bachelor’s degree in nursing from a duly recognized college/university.
Section 12 requires all applicants to pass a written exam by the Board. Section 14 states the exam shall be given not earlier than one (1) month but not later than two (2) months after the closing of the semester prescribed by the Department of Education, Culture and Sports, and it shall be held in Manila or other places decided by the Board subject to PRC approval.
To pass: general average at least 75% and no subject below 60%. If average is 75%+ but one subject is below 60%, the examinee retakes only the subject(s) below 60%. To pass the succeeding exam, the repeated subject(s) must reach at least 75%. If the examinee fails after the third attempt (still below 75% in repeated subject(s)), no further attempts are allowed unless the examinee proves to the Board that they underwent a refresher course involving enrollment and passing in the regular fourth-year subjects in a recognized nursing school.
Section 20 provides that no person 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. Section 30 separately provides criminal penalties for various prohibited acts, including practicing without a certificate, using another’s certificate, using expired/suspended/revoked certificates, false evidence to obtain a certificate, falsely posing as a registered nurse, and other violations of the Act.
Revocation/suspension may be ordered for: causes under the preceding section (including those tied to refusal under Section 20); unprofessional and unethical conduct; gross incompetence and serious ignorance; malpractice or negligence in nursing practice; and use of fraud, deceit, or false statements to obtain a certificate.
Practicing nursing means initiating and performing nursing services for a fee/salary/reward, alone or with others, promoting health, preventing illness, restoring health, and alleviating suffering. It includes nursing process (assessment, planning, implementation, evaluation), traditional and innovative self-executing nursing techniques and procedures, comfort measures, health teaching, administration of legal/written prescriptions for therapies/medications and injections (IV injection requires special training per established protocol), linkages and coordination with community resources and the health team, motivation, teaching/supervision of students, consultation services, manpower development training and research, and soliciting finances for them in cooperation with government or private agencies. It does not apply to nursing students performing nursing functions under direct supervision of qualified faculty.
Section 30 imposes a fine of not less than ₱10,000 nor more than ₱40,000 or imprisonment of not less than 1 year nor more than 6 years, or both, in the discretion of the court, for acts such as practicing nursing without a certificate or exemption; using another’s certificate; using an expired/suspended/revoked certificate; giving false evidence to obtain a certificate; falsely posing/advertising as a registered nurse; appending B.S.N./R.N. without having the degree/registration; conducting in-service programs or review classes without proper permits/clearance; and any person violating any provision of the Act.