Philippine Nursing Act of 2002 Overview

Policy direction and State guarantees

Section 2 declares it to be the policy of the State to assume responsibility for the protection and improvement of the nursing profession.
Section 2 requires measures that will produce relevant nursing education, humane working conditions, better career prospects, and a dignified existence for nurses.
Section 2 guarantees the delivery of quality basic health services through an adequate nursing personnel system throughout the country.

Professional regulatory Board of Nursing

Section 3 creates a Professional Regulatory Board of Nursing, referred to as the Board.
Section 3 provides that the Board has a Chairperson and six (6) members.
Section 3 requires that the President appoint the Chairperson and members from among two (2) recommendees, per vacancy, of the Professional Regulation Commission (Commission), chosen and ranked from three (3) nominees, per vacancy, of the accredited professional organization of nurses in the Philippines.
Section 4 requires that the Chairperson and members be natural born citizens and residents of the Philippines.
Section 4 requires membership in good standing in the accredited professional organization of nurses.
Section 4 requires that each Chairperson and member be a registered nurse and a holder of a master’s degree in nursing, education or other allied medical profession from a duly recognized college or university.
Section 4 provides special educational qualification rules: the majority of the Members must hold master’s degrees in nursing, and the Chairperson must hold a master’s degree in nursing.
Section 4 requires at least ten (10) years of continuous practice of the profession before appointment, with the last five (5) years in the Philippines.
Section 4 prohibits appointment if the person has been convicted of any offense involving moral turpitude.
Section 4 requires that Board membership represent three (3) areas of nursing: nursing education, nursing service, and community health nursing.

Board member qualifications and safeguards

Section 5 requires any appointed Chairperson or member to immediately resign from:
- any teaching position in any school/college/university/institution offering Bachelor of Science in Nursing and/or review program for local nursing board examinations; or
- any office or employment in government or any of its subdivisions/agencies/instrumentalities, including government-owned or -controlled corporations or their subsidiaries; or
- employment in the private sector.
Section 5 prohibits Board members from having any pecuniary interest in or administrative supervision over any institution offering Bachelor of Science in Nursing, including review classes.
Section 6 sets the term at three (3) years, and until successors are appointed and qualified.
Section 6 allows reappointment for another term.
Section 6 provides that vacancies during the term are filled only for the unexpired portion.
Section 6 requires each member to take the proper oath of office prior to performing duties.
Section 6 provides transitory service continuity under Republic Act No. 1764 until replacements are appointed and duly qualified.
Section 7 provides that the Chairperson and members receive compensation and allowances comparable to those received by other professional regulatory boards.
Section 8 places the Board under the administrative supervision of the Commission and makes the Commission custodian of Board records, including applications for examinations and administrative/investigative cases.

Powers, duties, and Board operations

Section 9 requires the Board to supervise and regulate the practice of the nursing profession.
Section 9 empowers the Board to conduct the licensure examination for nurses.
Section 9 empowers the Board to issue, suspend or revoke certificates of registration for the practice of nursing.
Section 9 requires the Board to monitor and enforce quality standards of nursing practice in the Philippines and exercise powers to maintain efficient, ethical and technical, moral and professional standards in nursing practice, considering the health needs of the nation.
Section 9 requires the Board to ensure quality nursing education by examining prescribed facilities of nursing universities/colleges or nursing education departments and those seeking permission to open nursing courses.
Section 9 provides that the authority to open and close colleges of nursing and/or nursing education programs is vested in the Commission on Higher Education, upon the Board’s written recommendation.
Section 9 authorizes the Board to conduct hearings and investigations to resolve complaints against nurse practitioners for unethical/unprofessional conduct and violations of the Act or its rules.
Section 9 authorizes the issuance of subpoena ad testificandum and subpoena duces tecum, and authorizes the Board to punish with contempt persons obstructing or interfering with proceedings, upon application with the court.
Section 9 requires promulgation of a Code of Ethics, in coordination and consultation with the accredited professional organization of nurses, within one (1) year from the effectivity of the Act.
Section 9 authorizes recognition of nursing specialty organizations in coordination with the accredited professional organization.
Section 9 requires the Board to prescribe and promulgate guidelines, regulations, measures, and decisions necessary to improve nursing practice, advance the profession, and fully enforce the Act, subject to Commission review and approval.
Section 10 requires the Board to submit an annual report to the President through the Commission at the close of each calendar year, detailing proceedings, accomplishments, and recommendations.

Board discipline and leadership removal

Section 11 authorizes the President to remove or suspend any Board member after the member is given the opportunity to defend himself/herself in a proper administrative investigation.
Section 11 authorizes removal or suspension for:
- continued neglect of duty or incompetence;
- commission or toleration of irregularities in the licensure examination; and
- unprofessional, immoral or dishonorable conduct.

Licensure examination and registration

Section 12 requires all applicants for license to practice nursing to pass a written examination given by the Board in places and dates designated by the Commission.
Section 12 requires that the examination process conforms to Republic Act No. 8981 (PRC Modernization Act of 2000).
Section 13 requires admission to the licensure examination when, at the time of filing, the applicant establishes to the satisfaction of the Board that the applicant is:
- a Philippine citizen, or a citizen/subject of a country that permits Filipino nurses to practice within its territorial limits on the same basis, provided registration/licensing requirements are substantially the same as in this Act;
- of good moral character; and
- a holder of a Bachelor’s Degree in Nursing from a college/university complying with nursing education standards duly recognized by the proper government agency.
Section 14 provides that the Board determines the scope of the examination, considering the objectives of the nursing curriculum, broad areas of nursing, and related disciplines and competencies.
Section 15 sets passing requirements:
- An examinee must obtain a general average of at least seventy-five percent (75%) with a rating of not below sixty percent (60%) in any subject to pass.
- If an examinee obtains an average of seventy-five percent (75%) or higher but has a subject rating below sixty percent (60%), the examinee must retake only the subject(s) rated below sixty percent (60%).
- To pass the succeeding examination, the examinee must obtain at least seventy-five percent (75%) in the repeated subject(s).
Section 16 requires successful examinees to take an oath of profession before the Board or an authorized government official prior to nursing practice.
Section 17 requires issuance of a certificate of registration/professional license to a passer upon payment of prescribed fees.
Section 17 provides that each certificate must show the registrant’s full name, serial number, signatures of the Chairperson of the Commission and members of the Board, and the official seal of the Commission.
Section 17 requires issuance of a professional identification card signed by the Chairperson of the Commission, bearing registration date, license number, and issuance and expiration dates, upon payment of required fees.
Section 18 requires applicants to pay prescribed fees set by the Commission for examination and registration.
Section 19 provides automatic registration: all nurses whose names appear at the roster of nurses are automatically or ipso facto registered as nurses under the Act upon its effectivity.

Reciprocity, temporary practice, and denial

Section 20 allows registration by reciprocity without examination for nurses registered in foreign states/countries when the requirements for registration/licensing are substantially the same as this Act, and the foreign state grants the same privileges to registered nurses of the Philippines on the same basis.
Section 21 allows the Board to issue a special/temporary permit subject to Commission approval and payment of prescribed fees.
Section 21 covers special/temporary permit applicants who are:
- licensed nurses from foreign countries/states serving for a fee or free if internationally well-known specialists or outstanding experts in any branch/specialty of nursing;
- licensed nurses from foreign countries/states on medical mission whose services are free in a particular hospital/center/clinic; and
- licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a nursing branch/specialty.
Section 21 limits the permit’s effectivity to the duration of the project, medical mission, or employment contract.
Section 22 prohibits registration or issuance of certificates/professional license or special/temporary permit to:
- any person convicted by final judgment of any criminal offense involving moral turpitude;
- any person guilty of immoral or dishonorable conduct;
- any person declared by the court to be of unsound mind.
Section 22 requires the Board to furnish the applicant a written statement of reasons, incorporated in Board records.

Revocation, suspension, cancellation, and re-issuance

Section 23 gives the Board power to revoke or suspend a certificate of registration/professional license or cancel a special/temporary permit.
Section 23 permits action for grounds including:
- any causes mentioned in Section 22;
- unprofessional and unethical conduct;
- gross incompetence or serious ignorance;
- malpractice or negligence in nursing practice;
- use of fraud, deceit, or false statements in obtaining certification or a temporary/special permit;
- violation of the Act, its rules and regulations, the Code of Ethics, technical standards of nursing practice, Board and Commission policies, or conditions/limitations for temporary/special permits;
- practicing the profession during suspension.
Section 23 restricts suspension of a certificate of registration/professional license to not to exceed four (4) years.
Section 24 allows re-issuance of revoked certificates after expiration of a maximum of four (4) years from the revocation date, for reasons of equity and justice, and when the cause has disappeared or has been cured and corrected, upon proper application and payment of required fees.
Section 24 allows issuance of a new certificate to replace one that is lost, destroyed or mutilated, subject to Board rules.

Nursing education requirements and faculty

Section 25 provides that the nursing education program must give a sound general and professional foundation for nursing practice.
Section 25 requires learning experiences to adhere strictly to specific curriculum requirements embodied in prescribed curriculum promulgated by the Commission on Higher Education policies and standards of nursing education.
Section 26 requires nurses who have not actively practiced for five (5) consecutive years to undergo one (1) month of didactic training and three (3) months of practicum.
Section 26 requires the Board to accredit hospitals to conduct the training program.
Section 27 requires faculty teaching professional courses in a college of nursing to be:
- registered nurses in the Philippines;
- with at least one (1) year of clinical practice in a field of specialization;
- in good standing in the accredited professional organization of nurses; and
- holders of a master’s degree in nursing, education, or other allied medical and health sciences from a duly recognized college/university.
Section 27 requires deans of colleges to have a master’s degree in nursing and at least five (5) years of experience in nursing.

What counts as nursing practice

Section 28 defines nursing practice as initiating and performing nursing services to individuals, families, and communities in any health care setting, singly or in collaboration.
Section 28 includes nursing care across the human lifespan, covering conception, labor, delivery, infancy, childhood, toddler, pre-school, school age, adolescence, adulthood, and old age.
Section 28 states that as independent practitioners nurses primarily promote health and prevent illness.
Section 28 states that as members of the health team nurses collaborate with other providers for curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and where recovery is not possible, toward a peaceful death.
Section 28 imposes duties on nurses, including duties to:
- 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 prescription for treatment, therapies, oral, topical and parenteral medications, and internal examination during labor in the absence of antenatal bleeding and delivery;
- provide suturing of perineal laceration only with special training provided according to protocol established;
- establish linkages with community resources and coordinate with the health team;
- provide health education;
- teach, guide and supervise students in nursing education programs, including administering nursing services in varied settings such as hospitals and clinics;
- undertake consultation services and activities requiring registered nurse knowledge and decision-making skills;
- undertake nursing and health human resource development training and research, including development of advance nursing practice.
Section 28 excludes nursing students from the section’s scope when performing nursing functions under direct supervision of a qualified faculty.
Section 28 requires nurses in all settings to:
- observe the Code of Ethics for nurses;
- uphold standards of safe nursing practice;
- maintain competence through continuing professional education provided by the accredited professional organization or any recognized professional nursing organization.
Section 28 requires that continuing professional education programs/activities be submitted to and approved by the Board.

Nursing service administrator qualifications

Section 29 requires supervisory or managerial positions requiring nursing knowledge to be held by persons who are:
- registered nurses in the Philippines;
- with at least two (2) years experience in general nursing service administration;
- with a Bachelor of Science in Nursing degree with at least nine (9) units in management and administration courses at the graduate level; and
- in good standing in the accredited professional organization of nurses.
Section 29 requires additional qualifications for chief nurse or director of nursing service, including:
- at least five (5) years experience in supervisory or managerial position in nursing; and
- a master’s degree major in nursing.
Section 29 provides that primary hospitals’ chief nurse maximum academic qualifications and experiences follow the requirements in the enumerated subsections of this section.
Section 29 prioritizes chief nurses in public health agencies for those with a master’s degree in public health/community health nursing.
Section 29 prioritizes chief nurses in military hospitals for those who have finished a master’s degree in nursing and completed the General Staff Course (GSC).
Section 29 grants those occupying such positions before effectivity a five (5) years period to qualify.

Nursing specialty program obligations

Section 30 mandates the Board, in coordination with the accredited professional organization and appropriate government or private agencies, to initiate and conduct studies on health human resource production, utilization and development.
Section 31 mandates, within ninety (90) days from effectivity, the Board to formulate and develop a comprehensive nursing specialty program with coordination among:
- the accredited professional organization,
- recognized specialty organizations, and
- the Department of Health.
Section 31 defines specialty nurse clinicians’ skill upgrade, including areas such as critical care, oncology, renal, and other areas determined by the Board.
Section 31 requires beneficiaries to serve in any Philippine hospital for at least two (2) years of continuous service.

Nurse pay floor in public health institutions

Section 32 requires that to enhance welfare, commitment to service, and professionalism, the minimum base pay of nurses working in public health institutions shall not be lower than salary grade 15 under Republic Act No. 6758 (Compensation and Classification Act of 1989).
Section 32 requires that for nurses working in local government units, salary adjustments shall follow Section 10 of Republic Act No. 6758.

Funding through lottery agencies

Section 33 provides that annual financial requirements needed to train at least ten percent (10%) of the nursing staff of participating government hospitals shall be chargeable against the income of the Philippine Charity Sweepstakes Office and the Philippine Amusement and Gaming Corporation.
Section 33 requires these two entities to equally share in training costs and release funds to the Department of Health, subject to accounting and auditing procedures.
Section 33 requires the Department of Health to set criteria for availment of the program.

Incentives, benefits, and nurse-patient ratio

Section 34 directs the Board of Nursing, in coordination with the Department of Health and other concerned government agencies, association of hospitals, and the accredited professional organization, to establish an incentive and benefit system consisting of free hospital care for nurses and their dependents, scholarship grants, and other non-cash benefits.
Section 34 mandates that both government and private hospitals maintain the standard nurse-patient ratio set by the Department of Health.

Nursing practice prohibitions and penalties

Section 35 provides that courts shall impose 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), and/or
- imprisonment of not less than one (1) year nor more than six (6) years,
- at the discretion of the court,
  on specified violations.
Section 35 penalizes any person practicing nursing in the Philippines within the meaning of the Act who:
- practices without a certificate of registration/professional identification card or special temporary permit, or without being declared exempt from examination under the Act;
- uses another person’s certificate of registration/professional identification card or special temporary permit as his/her own;
- uses an invalid certificate, a suspended or revoked certificate, or an expired or cancelled special/temporary permit;
- gives false evidence to the Board to obtain a certificate of registration/professional identification card or special permit;
- falsely poses or advertises as a registered and licensed nurse, or uses means that convey the impression of being registered and licensed;
- appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or similar appendage to the name without having been conferred the degree or registration;
- as a registered and licensed nurse, abets or assists the illegal practice of a person not lawfully qualified to practice nursing.
Section 35 penalizes 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 examination without permit/clearance from the Board and the Commission.
Section 35 penalizes any person or employer of nurses who violates:
- the minimum base pay of nurses; and
- the incentives and benefits accorded them under Sections 32 and 34.
Section 35 penalizes any person or the chief executive officer of a juridical entity violating any provision of the Act and its rules and regulations.

Enforcement, implementation rules, and legal effect

Section 36 makes it the primary duty of the Commission and the Board to effectively implement the Act.
Section 36 requires law enforcement agencies and officers of national, provincial, city or municipal governments, upon call or request of the Commission or Board, to render assistance in enforcing the Act and to prosecute persons violating it.
Section 37 requires the Chairperson of the Professional Regulation Commission to immediately include implementation rules and regulations in the program and to issue implementing measures, with funding included in the Annual General Appropriations Act.
Section 38 requires the Board and Commission, within ninety (90) days after effectivity, to formulate necessary rules and regulations in coordination with the accredited professional organization, Department of Health, Department of Budget and Management, and other concerned agencies.
Section 38 requires publication of implementing rules and regulations in the Official Gazette or in any newspaper of general circulation.
Section 39 establishes separability: if any part is declared unconstitutional, the remaining parts continue to be valid and operational.
Section 40 repeals Republic Act No. 7164, the “Philippine Nursing Act of 1991,” and repeals, amends, or modifies all inconsistent laws, decrees, orders, circulars, issuances, rules, regulations, and parts thereof.
Section 41 sets the effectivity rule: fifteen (15) days after publication in the Official Gazette or in any two (2) newspapers of general circulation.