State policy and health coverage
- The State adopts a policy to assume responsibility for the protection and improvement of the nursing profession through measures that produce relevant nursing education, humane working conditions, better career prospects, and a dignified existence for nurses. (Section 2)
- The State guarantees the delivery of quality basic health services through an adequate nursing personnel system throughout the country. (Section 2)
Professional Board of Nursing
- A Professional Regulatory Board of Nursing (the Board) is created with a Chairperson and six (6) members. (Section 3)
- The President appoints the Board members from among two (2) recommendees per vacancy of the Professional Regulation Commission (the Commission), chosen and ranked from a list of three (3) nominees per vacancy of the accredited professional organization of nurses in the Philippines. (Section 3)
- The Board is under the administrative supervision of the Commission. (Section 8)
Qualifications and term of Board
- The Chairperson and Members must be natural born citizens and residents of the Philippines. (Section 4)
- The Chairperson and Members must be members of good standing of the accredited professional organization of nurses. (Section 4)
- The Chairperson and Members must be registered nurses and hold a master’s degree in nursing, education or other allied medical profession conferred by a duly recognized college or university. (Section 4)
- The Board’s composition must be such that the majority of Members are holders of a master’s degree in nursing, and the Chairperson must be a holder of a master’s degree in nursing. (Section 4)
- The Chairperson and Members must have at least ten (10) years of continuous practice before appointment, with the last five (5) years in the Philippines. (Section 4)
- The Chairperson and Members must not have been convicted of any offense involving moral turpitude. (Section 4)
- Board membership must represent the three areas of nursing: nursing education, nursing service, and community health nursing. (Section 4)
- A person appointed to the Board must immediately resign from any teaching position in a B.S. Nursing and/or review program or from any office or employment in government (including government-owned or -controlled corporations and their subsidiaries), and from private sector positions, and must not have any pecuniary interest in or administrative supervision over institutions offering B.S. Nursing, including review classes. (Section 5)
- 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. (Section 6)
- Any vacancy within the term of a Member is filled only for the unexpired portion of the term. (Section 6)
- Each Member must take the proper oath of office prior to performing duties. (Section 6)
- The incumbent Chairperson and Members continue to serve for the remainder of their term under Republic Act No. 1764 until replacements are appointed and duly qualified. (Section 6)
Board compensation and administrative support
- The Chairperson and Members receive compensation and allowances comparable to those received by the Chairperson and Members of other professional regulatory boards. (Section 7)
- The Commission designates the Secretary of the Board and provides the secretariat and other support services. (Section 8)
- All Board records, including applications for examinations and administrative/investigative cases conducted by the Board, are under the custody of the Commission. (Section 8)
Board powers, duties, and ethics
- The Board supervises and regulates the practice of nursing and conducts the licensure examination for nurses. (Section 9)
- The Board issues, suspends, or revokes certificates of registration for the practice of nursing. (Section 9)
- The Board monitors and enforces quality standards of nursing practice in the Philippines and exercises necessary powers to ensure maintenance of efficient, ethical and technical, moral and professional standards, taking into account the health needs of the nation. (Section 9)
- The Board ensures quality nursing education by examining prescribed facilities of nursing universities/colleges or departments seeking permission to open nursing courses; standards of nursing education must be properly complied with and maintained at all times. (Section 9)
- The authority to open and close colleges of nursing and/or nursing education programs is vested on the Commission on Higher Education upon written recommendation of the Board. (Section 9)
- The Board conducts hearings and investigations to resolve complaints involving unethical and unprofessional conduct and violations of the Act or its rules and regulations. (Section 9)
- In connection with such proceedings, the Board may issue subpoena ad testificandum and subpoena duces tecum and may punish with contempt persons obstructing, impeding, or otherwise interfering, upon application with the court. (Section 9)
- The Board promulgates a Code of Ethics in coordination and consultation with the accredited professional organization within one (1) year from the effectivity of the Act. (Section 9)
- The Board recognizes nursing specialty organizations in coordination with the accredited professional organization. (Section 9)
- The Board prescribes, adopts, issues, and promulgates guidelines, regulations, measures, and decisions necessary for improvement of nursing practice, advancement of the profession, and proper enforcement of the Act, subject to Commission review and approval. (Section 9)
- The Board submits an annual report at the close of each calendar year to the President of the Philippines through the Commission, detailing proceedings, accomplishments, and recommendations for measures upgrading and improving conditions affecting nursing practice. (Section 10)
Removal or suspension of Board members
- The President may remove or suspend any Board member after the member is given opportunity to defend himself/herself in a proper administrative investigation. (Section 11)
- Removal or suspension is allowed on the grounds of:
- Continued neglect of duty or incompetence; (Section 11)
- Commission or toleration of irregularities in the licensure examination; and (Section 11)
- Unprofessional, immoral, or dishonorable conduct. (Section 11)
Licensure examination and eligibility
- All applicants for a license to practice nursing must pass a written examination administered by the Board in places and dates designated by the Commission. (Section 12)
- The licensure examination must be in accordance with Republic Act No. 8981, the “PRC Modernization Act of 2000.” (Section 12)
- Admission to the licensure examination requires that the applicant, at the time of filing, establish to the Board’s satisfaction that:
- The applicant is a Philippine citizen, or a citizen or subject of a country that permits Filipino nurses to practice within its territorial limits on the same basis, provided the requirements in that country for registration/licensing are substantially the same as those in the Act; (Section 13)
- The applicant is of good moral character; and (Section 13)
- The applicant holds a Bachelor’s Degree in Nursing from a college or university that complies with nursing education standards duly recognized by the proper government agency. (Section 13)
Examination scope, ratings, and oath
- The Board determines the scope of the nursing examination by considering the objectives of the nursing curriculum, broad areas of nursing, and other related disciplines and competencies. (Section 14)
- To pass, an examinee must obtain:
- A general average of at least seventy-five percent (75%), and
- A rating of not below sixty percent (60%) in any subject. (Section 15)
- If an examinee attains a general average of at least seventy-five percent (75%) but receives below sixty percent (60%) in any subject, the examinee must take the examination again only in the subject(s) rated below sixty percent (60%). (Section 15)
- To pass the succeeding examination, the examinee must obtain at least seventy-five percent (75%) in the subject(s) repeated. (Section 15)
- All successful candidates must take an oath of profession before the Board or any government official authorized to administer oaths prior to entering nursing practice. (Section 16)
Registration, license issuance, and IDs
- A certificate of registration/professional license as a nurse is issued to an applicant who passes the examination upon payment of the prescribed fees. (Section 17)
- Each certificate must show the registrant’s full name, the serial number, the signatures of the Chairperson of the Commission and the Members of the Board, and the official seal of the Commission. (Section 17)
- A professional identification card signed by the Chairperson of the Commission is likewise issued upon payment of required fees, bearing the date of registration, license number, and the dates of issuance and expiration. (Section 17)
Fees and special registrations
- Applicants for licensure and registration must pay the prescribed fees set by the Commission. (Section 18)
- Nurses whose names appear at the roster of nurses are automatically or ipso facto registered under the Act upon its effectivity. (Section 19)
- Certificates of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state or country if:
- Requirements are substantially the same as those prescribed in the Act; and
- The foreign laws grant the same privileges to registered nurses of the Philippines on the same basis as the subjects or citizens of that foreign state or country. (Section 20)
Temporary and special permits
- The Board may issue a special/temporary permit, subject to Commission approval and payment of prescribed fees, to:
- Licensed foreign nurses whose services are either for a fee or free if they are internationally well-known specialists or outstanding experts in any branch or specialty of nursing; (Section 21)
- Licensed foreign nurses on medical mission whose services are free in a particular hospital, center, or clinic; (Section 21)
- Licensed foreign nurses employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing. (Section 21)
- The special/temporary permit is effective only for the duration of the project, medical mission, or employment contract. (Section 21)
Bars to registration and permit issuance
- 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 of registration/professional license or a special/temporary permit. (Section 22)
- The Board must furnish the applicant a written statement setting forth reasons for its action, incorporated into the Board’s records. (Section 22)
Revocation, suspension, and cancellation
- The Board may revoke or suspend a certificate of registration/professional license or cancel a special/temporary permit on any of the following grounds:
- Any causes mentioned in the preceding section (Section 22 grounds); (Section 23)
- Unprofessional and unethical conduct; (Section 23)
- Gross incompetence or serious ignorance; (Section 23)
- Malpractice or negligence in the practice of nursing; (Section 23)
- Use of fraud, deceit, or false statements to obtain a certificate or a temporary/special permit; (Section 23)
- Violation of the Act, its rules and regulations, Code of Ethics for nurses, technical standards for nursing practice, Board and Commission policies, or the conditions and limitations for issuance of the temporary/special permit; (Section 23)
- Practicing the profession during suspension from such practice. (Section 23)
- Suspension of the certificate of registration/professional license is limited to a period not to exceed four (4) years. (Section 23)
Re-issuance and replacement of certificates
- After expiration of a maximum of four (4) years from the date of revocation, the Board may issue another copy of the certificate if equity and justice so require and the cause for revocation has disappeared or has been cured and corrected, upon proper application and payment of required fees. (Section 24)
- A new certificate may replace one that is lost, destroyed, or mutilated, subject to Board rules. (Section 24)
Nursing education program and returners
- Nursing education programs must provide a sound general and professional foundation for the practice of nursing. (Section 25)
- Learning experiences must strictly adhere to specific requirements in the prescribed curriculum promulgated by the Commission on Higher Education’s policies and standards of nursing education. (Section 25)
- Nurses who have not actively practiced the profession for five (5) consecutive years must undergo:
- one (1) month of didactic training, and
- three (3) months of practicum, with the Board accrediting hospitals to conduct the training program. (Section 26)
Faculty qualifications
- Faculty teaching professional courses in a college of nursing must:
- Be a registered nurse in the Philippines; (Section 27)
- Have at least one (1) year of clinical practice in a field of specialization; (Section 27)
- Be a member of good standing of the accredited professional organization of nurses; and (Section 27)
- Hold a master’s degree in nursing, education, or other allied medical and health sciences from a duly recognized college/university. (Section 27)
- In addition, the dean of a college must have a master’s degree in nursing and at least five (5) years of nursing experience. (Section 27)
Nursing practice: scope and duties
- A person is deemed practicing nursing when, singly or in collaboration with another, the person initiates and performs nursing services to individuals, families, and communities in any health care setting. (Section 28)
- Nursing practice includes nursing care during conception, labor, delivery, infancy, childhood, toddler, pre-school, school age, adolescence, adulthood, and old age. (Section 28)
- As independent practitioners, nurses are primarily responsible for promoting health and preventing illness. (Section 28)
- As members of the health team, nurses collaborate with other health care providers for curative, preventive, and rehabilitative aspects of care; restoration of health; alleviation of suffering; and, when recovery is not possible, toward a peaceful death. (Section 28)
- Nurses must provide nursing care using the nursing process, including 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 prescriptions for treatment, therapies, and medications (oral, topical, and parenteral), and internal examination during labor in the absence of antenatal bleeding and delivery. (Section 28)
- For suturing of perineal laceration, special training must be provided according to protocol established. (Section 28)
- Nurses must establish linkages with community resources and coordinate with the health team. (Section 28)
- Nurses must provide health education to individuals, families, and communities. (Section 28)
- Nurses must teach, guide, and supervise students in nursing education programs, including administration of nursing services in varied settings such as hospitals and clinics; undertake consultation services; engage in activities requiring the use of registered nurse knowledge and decision-making skills; and undertake nursing and health human resource development training and research, including development of advance nursing practice. (Section 28)
- The nursing duties in this section do not apply to nursing students performing nursing functions under the direct supervision of a qualified faculty. (Section 28)
- In all settings, the nurse must observe the Code of Ethics for nurses and uphold standards of safe nursing practice. (Section 28)
- Nurses must maintain competence by continual learning through continuing professional education provided by the accredited professional organization or any recognized professional nursing organization. (Section 28)
- The continuing professional education program and activity must be submitted to and approved by the Board. (Section 28)
Nursing service administrator qualifications
- Supervisory or managerial positions requiring knowledge of nursing must be occupied by a registered nurse who has:
- At least two (2) years of experience in general nursing service administration; (Section 29)
- A Bachelor of Science in Nursing degree with at least nine (9) units in management and administration courses at the graduate level; and (Section 29)
- Membership in good standing of the accredited professional organization of nurses. (Section 29)
- Chief nurse or director of nursing service must also have:
- At least five (5) years of experience in a supervisory or managerial position in nursing; and (Section 29)
- A master’s degree major in nursing. (Section 29)
- For primary hospitals, qualifications for chief nurse follow the limits set by the subsections referenced in Section 29. (Section 29)
- For chief nurses in public health agencies, a master’s degree in public health/community health nursing is given priority. (Section 29)
- For chief nurses in military hospitals, priority is given to those who finished a master’s degree in nursing and completed the General Staff Course (GSC). (Section 29)
- Those occupying such positions before the effectivity of the Act are given five (5) years to qualify. (Section 29)
Nursing manpower studies and specialties
- The Board, in coordination with the accredited professional organization and appropriate government or private agencies, must initiate, undertake, and conduct studies on health human resource production, utilization, and development. (Section 30)
- Within ninety (90) days from the effectivity of the Act, the Board must formulate and develop a comprehensive nursing specialty program, in coordination with the accredited professional organization, recognized specialty organizations, and the Department of Health, to upgrade the skill and competence of specialty nurse clinicians, including (but not limited to) critical care, oncology, renal, and other areas determined by the Board. (Section 31)
- Beneficiaries of this specialty program must serve in any Philippine hospital for at least two (2) years of continuous service. (Section 31)
Nurses’ minimum base pay and ratio
- The minimum base pay of nurses working in public health institutions must not be lower than salary grade 15 under Republic Act No. 6758, the “Compensation and Classification Act of 1989.” (Section 32)
- For nurses working in local government units, salary adjustments must follow Section 10 of Republic Act No. 6758. (Section 32)
- The Board, in coordination with the Department of Health and other concerned government agencies, association of hospitals, and the accredited professional organization, must establish an incentive and benefit system including free hospital care for nurses and their dependents, scholarship grants, and other non-cash benefits. (Section 34)
- Government and private hospitals must maintain the standard nurse-patient ratio set by the Department of Health. (Section 34)
Funding for specialty training and criteria
- The annual financial requirement to train at least ten percent (10%) of the nursing staff of participating government hospitals is chargeable against the income of the Philippine Charity Sweepstakes Office and the Philippine Amusement and Gaming Corporation, which equally share in costs and release funds to the Department of Health subject to accounting and auditing procedures. (Section 33)
- The Department of Health must set the criteria for availment of the specialty program. (Section 33)
Prohibitions and penalties
- Any person practicing nursing in the Philippines within the meaning of the Act without a certificate of registration/professional identification card or special temporary permit, or without being declared exempt from examination under the Act, is subject to a penalty of 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, at the court’s discretion. (Section 35)
- The same fine/imprisonment/both penalty applies to:
- Using as one’s own certificate/ID/permit another person’s certificate; (Section 35)
- Using an invalid certificate, a suspended or revoked certificate, or an expired or cancelled special/temporary permit; (Section 35)
- Giving false evidence to the Board to obtain a certificate, identification card, or special permit; (Section 35)
- Falsely posing or advertising as a registered and licensed nurse or using other means conveying the impression of being registered and licensed; (Section 35)
- Appending B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or similar appendage without having been conferred the degree or registration; (Section 35)
- As a registered and licensed nurse, abetting or assisting the illegal practice of a person not lawfully qualified to practice nursing. (Section 35)
- Any person, or the chief executive officer of a juridical entity, who undertakes in-service educational programs or conducts review classes for both local and foreign examinations without permit/clearance from the Board and the Commission is subject to the same penalty framework. (Section 35)
- Any person or employer of nurses who violates the minimum base pay requirement and the incentives and benefits that should be accorded them under Sections 32 and 34 is subject to the same penalty framework. (Section 35)
- Any person or the chief executive officer of a juridical entity violating any provision of the Act and its rules and regulations is subject to the same penalty framework. (Section 35)
Enforcement and implementation rules
- The Commission and the Board have the primary duty to effectively implement the Act. (Section 36)
- Law enforcement agencies and officers of national, provincial, city, or municipal governments must render assistance when called upon or requested by the Commission or Board to enforce the Act and prosecute violators. (Section 36)
- The Chairperson of the Commission must immediately include in the Commission’s program and issue rules and regulations to implement the Act, and funding must be included in the Annual General Appropriations Act. (Section 37)
- Within ninety (90) days after effectivity, the Board and the Commission, in coordination with the accredited professional organization, Department of Health, Department of Budget and Management, and other concerned agencies, must formulate rules and regulations necessary to carry out the Act, and the implementing rules must be published in the Official Gazette or in any newspaper of general circulation. (Section 38)
Separability and repeals
- If any part of the Act is declared unconstitutional, remaining parts not affected continue to be valid and operational. (Section 39)
- Republic Act No. 7164, the “Philippine Nursing Act of 1991,” is repealed. (Section 40)
- All laws, decrees, orders, circulars, issuances, rules and regulations, and parts thereof inconsistent with the Act are repealed, amended, or modified accordingly. (Section 40)