QuestionsQuestions (Republic Act No. 10752)
RA 9173 is titled the “Philippine Nursing Act of 2002.” Its policy is for the State to protect and improve the nursing profession by ensuring relevant nursing education, humane working conditions, better career prospects, and dignified existence for nurses, and to guarantee delivery of quality basic health services through an adequate nursing personnel system nationwide.
The Board is created as a Professional Regulatory Board of Nursing composed of a Chairperson and six (6) members. They are appointed by the President from among recommendees of the Professional Regulation Commission (PRC) per vacancy, chosen and ranked from a list of nominees of the accredited professional organization of nurses, provided they meet the qualifications under Section 4.
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 holding a master’s in nursing, and the Chairperson holding a master’s in nursing); (4) at least ten (10) years of continuous practice, with the last five (5) years in the Philippines; (5) not convicted of an offense involving moral turpitude; and (6) membership must represent three areas of nursing: nursing education, nursing service, and community health nursing.
The appointee must immediately resign from any teaching position in schools/colleges/universities offering BS Nursing and/or review program for local nursing board exams; and from any office or employment in government (including GOCCs and subsidiaries) and from private sector positions, and must not have any pecuniary interest in or administrative supervision over any institution offering BS Nursing, including review classes.
The Chairperson and members have a term of three (3) years and until successors are appointed and qualified, and may be reappointed for another term. Any vacancy within the term is filled only for the unexpired portion of the term.
The Board supervises and regulates nursing practice and includes powers to: conduct the licensure examination; issue/suspend/revoke certificates of registration; monitor/enforce quality standards of nursing practice; ensure quality nursing education by examining facilities and recommending opening/closing programs to CHED; conduct hearings/investigations on complaints; issue subpoenas (ad testificandum and duces tecum) and punish contempt upon application with the court; promulgate a Code of Ethics; recognize nursing specialty organizations; and issue guidelines and regulations subject to Commission review/approval.
Applicants must show: (1) Philippine citizenship or citizenship of a country that permits Filipino nurses to practice on the same basis, with substantially same registration/licensing requirements; (2) good moral character; and (3) a Bachelor’s Degree in Nursing from a college/university that complies with and is recognized under nursing education standards.
To pass, an examinee must obtain a general average of at least 75% with no subject below 60%. If the examinee has a 75%+ general average but any subject is below 60%, the examinee must retake only the subject(s) below 60%. To pass the succeeding exam, the examinee must get at least 75% in the repeated subject(s).
All nurses whose names appear at the roster of nurses are automatically (ipso facto) registered under the Act upon its effectivity.
A certificate of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state/country if requirements are substantially the same as RA 9173 and the foreign country grants similar privileges to Filipino nurses on the same basis.
A special/temporary permit may be issued (with Commission approval and fees) to: internationally well-known specialists/outstanding experts; licensed nurses on medical missions whose services are free in a specified facility; and exchange professors in nursing specialty areas. It is effective only for the duration of the project, medical mission, or employment contract.
No person convicted by final judgment of any criminal offense involving moral turpitude, or any person guilty of immoral or dishonorable conduct, or any person declared by the court to be of unsound mind shall be registered or issued a certificate or special/temporary permit.
Grounds include: causes in Section 22; unprofessional/unethical conduct; gross incompetence or serious ignorance; malpractice or negligence; fraud/deceit/false statements in obtaining the license/permit; violation of RA 9173, its IRR, Code of Ethics, technical standards, Board/Commission policies, or permit conditions; and practicing during suspension. Suspension of the certificate may not exceed four (4) years.
Practice of nursing is when a person singly or with others initiates and performs nursing services to individuals, families, and communities in any health care setting, including throughout the life stages. Nurses as independent practitioners focus on health promotion and illness prevention; and as part of the health team they collaborate for curative, preventive, and rehabilitative care, alleviation of suffering, and peaceful death where recovery is not possible. Duties include using the nursing process for nursing care (including administering medications and performing certain procedures as recognized), establishing linkages and coordination, providing health education, teaching/guiding/supervising students and administering nursing services, consultation services, and continuing professional education (with CPD program/activity submitted and approved by the Board).
They must be registered nurses; have at least two (2) years of general nursing service administration experience; have a BS Nursing degree with at least nine (9) units in management/administration at graduate level; and be in good standing of the accredited professional organization. For chief nurse/director: in addition, at least five (5) years in supervisory/managerial nursing position and a master’s degree major in nursing. The Act also provides special priority rules for chief nurses in public health agencies, military hospitals, and allows a five (5)-year period for those already in such positions at effectivity to qualify.
Section 35 penalizes (with fine and/or imprisonment depending on court discretion) persons practicing nursing without required registration/license/permit; using another person’s credentials; using invalid/suspended/revoked/expired permits; giving false evidence to obtain credentials; falsely posing/advertising as licensed nurses; using “BSN/RN” appendages without entitlement; and abetting illegal practice. It also penalizes persons/entities conducting review or in-service educational programs without permit/clearance, and violations of minimum base pay/incentives/benefits and other provisions of the Act and rules.