Professional Documents
Culture Documents
Nrsing Law & Jurispudence
Nrsing Law & Jurispudence
Philippine
Nursing Act of
2002
Senate Bill # 2292
Signed on October 21, 2002 by President Gloria
Macapagal Arroyo
Purpose: New law that will make conform of the
education, training, examination, registration, and
practice of the nursing profession.
According to Flavier: The bill seeks to balance between
ensuring availability of globally competitive nurses in
the Philippines for the Filipinos without depriving their
right to earn a comfortable life abroad.
NURSING LAW AND
JURISPUDENCE
R R
COMPARISON
EPUBLIC ACT NO. EPUBLIC ACT NO. OF THE
7164 9173 SALIENT
AN ACT REGULATING THE PRACTICE AN ACT PROVIDING FOR A MORE
RESPONSIVE NURSING PROFESSION,
DIFFERENCES
OF NURSING IN THE PHILIPPINES
REPEALING FOR THE PURPOSE REPUBLIC OF
ACT NO.7164, OTHERWISE KNOWN AS
THE PHILIPPINE NURSING ACT OF 1991
RA 7154 AND
AND FOR OTHER PURPOSES. RA 9173 WITH
Be it enacted by the Senate and Be it enacted by the Senate and the
ANNOTATION
House of Representative of the House of Representatives of the
Philippines in Congress assembled: Philippines in Congress assembled:
ARTCLE 1
Section 1. Title Phil
Nursing Act of 2002
This law repealed RA
7164
Repeal is more
appropriate than
introducing line by
line amendments
because it would
have been a tedious
process if articles and
sections are
individually amended.
House of
Representatives has
already passed their
version which was
also a repeal of the
old law
Senator Angara, the
principal author of RA
7164 agreed to the
repeal and he said
that the changes
made would
modernize the
Nursing profession.
ARTICLE IV ARTICLE 4
Examination and
EXAMINATION AND REGISTRATION Registration
Sec. 12. Examination Required. — All
applicants for license to practice nursing Section 12. Licensure Examination. - All Section 12. Licensure
shall be required to pass written applicants for license to practice nursing Examination
examination by the Board of Nursing. shall be required to pass a written
examination, which shall be given by the All applicants for
Sec. 13. Qualifications of Applicants. — In Board in such places and dates as may be license of practice of
order to be admitted to the examination designated by the Commission: Provided, Nursing shall be
for nurses, an applicant must, at the time That it shall be in accordance with required to pass a
of filing his or her application, establish to Republic Act No. 8981, otherwise known licensure exam which
the satisfaction of the Board of Nursing as the "PRC Modernization Act of 2000." shall be given by the
that: Board
(a) He or she is a citizen of the Philippines,
or a citizen or subject of a country which PRC shall administer
permits Filipino nurses to practice within and conduct licensure
its territorial limits on the same basis as exam
the subject or citizen of such country:
Provided, That the requirements for the PRC designates the
registration or licensing of nurses in said place and time of the
country are substantially the same as Section 13. Qualifications for Admission examination.
those prescribed in this Act; to the Licensure Examination. - In order to
(b) He or she is at least eighteen (18)
years of age: Provided, That any underage be admitted to the examination for Section 13. Qualification
applicant who successfully passes the nurses, an applicant must, at the time of for Admission to the
examination shall not be permitted or filing his/her application, establish to the Licensure Exam
licensed to practice nursing until he or satisfaction of the Board that:
she shall have reached the age of Citizen/subject of a
majority; (a) He/she is a citizen of the country which
(c) He or she is in good health and is of Philippines, or a citizen or permits Filipino
good moral character; and subject of a country which nurses to practice
(d) He or she is a holder of bachelor's permits Filipino nurses to within its territorial
degree in nursing from a college or practice within its territorial limits on the same
university duly recognized by the proper limits on the same basis as the basis as the subject or
government agency. subject or citizen of such citizen of such
country: Provided, That the country provided the
Sec. 14. Licensure Examination. — The requirements for the registration reqts for licensing in
licensure examination for the practice of or licensing of nurses in said said country are
nursing in the Philippines shall by given by country are substantially the substantially the
the Board not earlier than one (1) month same as those prescribed in this same as those
but not later than two (2) months after Act; prescribed in the Act
the closing of the semester prescribed by
the Department of Education, Culture and
(b) He/she is of good moral Good moral character
Sports. The examination shall be held in
character; and
the City of Manila or in such places as
Graduate of BSN that
may be decided by the Board subject to
(c) He/she is a holder of a complies with standards
the approval of the Professional
Bachelor's Degree in Nursing of nursing education duly
Regulation Commission.
from a college or university that recognized by the proper
complies with the standards of government agency.
Sec. 15. Scope of Examination. — The
nursing education duly
scope of the examination for the practice
recognized by the proper
of nursing in the Philippines shall be
government agency.
determined by the Board. The Board shall
take into consideration the objectives of
the nursing curriculum, the broad areas of Section 14. Scope of Examination. - The
nursing, and other related disciplines and scope of the examination for the practice Section 14. Scope of
competencies in determining the subjects of nursing in the Philippines shall be Exam
of examinations. determined by the Board. The Board shall
take into consideration the objectives of To be determined by
Sec. 16. Rating in the examination. — In the nursing curriculum, the broad areas of the Board
order to pass the examination, an nursing, and other related disciplines and
examinee must obtain a general average competencies in determining the subjects Board should take
rating of at least seventy-five percent of examinations. into consideration the
(75%) with a rating of not below sixty objectives of the
percent (60%) in any subject. An nursing curriculum,
examinee who obtains an average rating broad areas of
of seventy-five percent (75%) or higher nursing and other
but gets a rating below sixty percent related disciplines
(60%) in any given subject must take the Section 15. Ratings. - In order to pass the and competencies
examination again, but only in the subject examination, an examinee must obtain a
or subjects where he or she rated below general average of at least seventy-five Section 15. Ratings
sixty percent (60%). percent (785%) with a rating of not below
In order to pass the succeeding sixty percent (60%) in any subject. An Regular Passer—
examination an examinee must obtain a examinee who obtains an average rating someone who obtains
rating of at lest seventy-five percent
(75%) in the subject or subjects repeated.
An examinee who despite the third of seventy-five percent (75%) or higher a general average of
examination fails to obtain at least but gets a rating below sixty percent at least 75% with a
seventy-five percent (75%) in the subject (60%) in any subject must take the rating not below 60%
or subjects repeated shall no longer be examination again but only in the subject in any subject
allowed to take the examination, unless or subjects where he/she is rated below
he proves to the satisfaction of the Board sixty percent (60%). In order to pass the Conditional Passer—a
that he/she has undergone a refresher succeeding examination, an examinee general average of at
course consisting in enrollment and must obtain a rating of at least seventy- least 75% but gets a
passing in the regular fourth year subjects five percent (75%) in the subject or rating below 60% in
in a recognized nursing school. subjects repeated. one or more subjects.
A new certificate of
registration/professional license to
replace the certificate that has been lost,
destroyed or mutilated may be issued,
subject to the rules of the Board. Section 24. Re-issuance
of Revoked Certificates
and Replacement of Lost
Certificates
Lost, destroyed,
mutilated certificates
are replaced subject
to rules of the Board
Sec. 23. General Entrance Requirements. Section 25. Nursing Education Program. - Section 25.Nursing
— Applicants desiring to enroll in a The nursing education program shall Education Program
nursing course must belong to the upper provide sound general and professional
forty percent (40%) of the graduating
class of the general secondary course, as foundation for the practice of nursing. The program shall
certified by the school. provide sound
The learning experiences shall adhere general and
Sec. 24. Nursing Education Program. — strictly to specific requirements professional
The nursing education program shall embodied in the prescribed curriculum as foundation of
provide sound academic and professional promulgated by the Commission on practice of nursing
foundation for the practice of nursing. Higher Education's policies and standards
of nursing education. The learning
Sec. 25. Learning Experiences. — The experiences shall
learning experiences required in a adhere strictly to
classroom, hospital, home, community or specific requirements
other health/welfare agency shall adhere embodied in the
strictly to specific requirements prescribed curriculum
embodied in the prescribed curriculum as promulgated by
for the nursing course and in the rules, CHED policies and
policies, and standards of nursing standards of nursing
education. Such learning experience shall education.
not be less than six (6) units or its
equivalent. Section 26. Requirement for Inactive
Nurses Returning to Practice. - Nurses Section 26. Requirement
who have not actively practiced the for Inactive Nurses
Sec. 26. Qualifications of the Faculty. — A
profession for five (5) consecutive years Returning to Practice
member of the faculty in a college or
school of nursing must: are required to undergo one (1) month of
didactic training and three (3) months of For inactive nurses
(a) Be a Filipino citizen;
practicum. The Board shall accredit for 5 consecutive
(b) Be a registered nurse in the
hospitals to conduct the said training years, they are
Philippines;
program. required to undergo 1
(c) Have at least three (3) years of clinical
month didactic
practice in a field of specialization;
training and 3 months
(d) Be a member of good standing in the
practicum.
accredited national nurses' association;
and chan robles virtual law library
(e) Be a holder of a master's degree in The Board shall
nursing or other related fields conferred accredit hospitals to
by a college or university duly recognized Section 27. Qualifications of the Faculty. - conduct the training
by the Government of the Republic of the A member of the faculty in a college of
Philippines; Provided, however, That nursing teaching professional courses Section 27.
nothing in this Act shall be construed to must: Qualifications of Faculty
disqualify those who have already been
considered qualified and actually (a) Be a registered nurse in the RN in the Philippines
occupying the position before the Philippines;
effectivity of this Act: Provided, further, At least one year
That those occupying such position (b) Have at least one (1) year of clinical experience
before the effectivity of this Act shall be clinical practice in a field of
given a period of five (5) years from the specialization; Member of good
date of effectivity of this Act within which standing in the APO
to qualify under the provisions hereof: (c) Be a member of good
Provided, finally, That, by the year 2000, standing in the accredited Master’s degree in
all colleges of nursing shall only employ professional organization of Nursing, education or
faculty members with a master's degree nurses; and other allied medical
in nursing or in other related fields.
In addition to the aforementioned
(d) Be a holder of a master's In addition to the
qualifications, the dean of a college or
school of nursing must have had at least
there (3) years of experience in teaching degree in nursing, education, or aforementioned
and supervision in nursing education, and other allied medical and health qualifications, the
preferably must have a master's degree in sciences conferred by a college dean of a nursing
administration and supervision of nursing or university duly recognized by school must have a
education programs. the Government of the Republic Master’s degree in
of the Philippines. Nursing and should
have at least 5 years
In addition to the of experience in
aforementioned qualifications, Nursing
the dean of a college must have
a master's degree in nursing.
He/she must have at least five
(5) years of experience in
nursing.
Sec. 27. Scope of Nursing. — A person Section 28. Scope of Nursing. - A person Section 28. Scope of
shall be deemed to be practicing nursing shall be deemed to be practicing nursing Nursing
within the meaning of this Act when he, within the meaning of this Act when
for a fee, salary or other reward or he/she singly or in collaboration with A person is practicing
compensation, singly or in collaboration another, initiates and performs nursing nursing if he/she
with another, initiates and performs services to individuals, families and initiates and performs
nursing services to individuals, families communities in any health care setting. It nursing services to
and communities in various stages of includes, but not limited to, nursing care individuals, families
development towards the promotion of during conception, labor, delivery, and communities in
health, prevention of illness, restoration infancy, childhood, toddler, preschool, any health care
of health, and alleviation of suffering school age, adolescence, adulthood, and setting
through: old age. As independent practitioners,
(a) Utilization of the nursing process, nurses are primarily responsible for the It includes but not
including assessment, planning, promotion of health and prevention of limited to nursing
implementation and evaluation of nursing illness. A members of the health team, care during
care. Nursing care includes, but not nurses shall collaborate with other health conception, labor,
limited to, traditional and innovative care providers for the curative, delivery, infancy,
approaches in self-executing nursing preventive, and rehabilitative aspects of childhood, toddler,
techniques and procedures, comfort care, restoration of health, alleviation of pre –school, school
measures, health teaching and suffering, and when recovery is not age, adolescence,
administration of legal and written possible, towards a peaceful death. It adulthood and old
prescription for treatment therapies, shall be the duty of the nurse to: age
medication and hypodermic
intramuscular or intravenous injections: (a) Provide nursing care through
Provided, however, That, in the Independent
the utilization of the nursing functions—
administration of intravenous injections, process. Nursing care includes,
special training shall be required promotion of health
but not limited to, traditional and prevention of
according to protocol established; and innovative approaches,
.chan robles virtual law library illness
therapeutic use of self, executing
(b) Establishment of linkages with health care techniques and
community resources and coordination of Collaborative with
procedures, essential primary
the health team;
(c) Motivation of individuals, families and health care, comfort measures, other HCP for
communities; resources and coordination health teachings, and curative, preventive
of services with other members of the administration of written and rehabilitative
health team; chan robles virtual law prescription for treatment, aspects of care,
library therapies, oral topical and restoration of health,
(d) Participation in teaching, guidance and parenteral medications, internal alleviation of
supervision of student in nursing examination during labor in the suffering and when
education programs, including absence of antenatal bleeding recovery not possible,
administering nursing services in varied and delivery. In case of suturing towards a peaceful
settings such as hospitals, homes, of perineal laceration, special death.
communities and the like; undertaking training shall be provided
consultation services; and engaging in according to protocol Duty of the nurse to
such other activities that require the established; utilize nursing
utilization of knowledge and decision- process, establish
making skill of a registered nurse; and (b) establish linkages with linkages with
(e) Undertaking nursing and health community resources and community,
manpower development training and coordination with the health coordinate with the
research and soliciting finances therefor, team; health team, provide
in cooperation with the appropriate health education,
government or private agency: Provided, teach, guide and
(c) Provide health education to
however, That this provision shall not supervise students,
individuals, families and
apply to nursing students who perform undertake
communities;
nursing functions under the direct consultation services
supervision of qualified faculty. undertake nursing
(d) Teach, guide and supervise
students in nursing education and health human
Sec. 28. Qualifications of Nursing Service resource
programs including the
Administrator. — A person occupying development training
administration of nursing
supervisory or managerial positions and research
services in varied settings such as
requiring knowledge of nursing must:
hospitals and clinics; undertake
(a) Be a Filipino citizen or a former Filipino
consultation services; engage in Nursing care includes:
citizen who was has officially declared
such activities that require the traditional and
his/her intention to reacquire Filipino
utilization of knowledge and innovative approach ,
citizenship; chan robles virtual law library
decision-making skills of a therapeutic use of
.chan robles virtual law library
registered nurse; and self, executing health
(b) Be a registered nurse in the
care techniques and
Philippines;
(e) Undertake nursing and health procedures, essential
(c) Be a member in good standing of the
human resource development primary health care,
accredited national organization of
training and research, which comfort measures,
nurses;
shall include, but not limited to, health teachings, and
(d) Have at least two (2) years experience
the development of advance administration of
in general nursing service administration;
nursing practice; written prescription
and
of treatment,
(e) Possess a degree of Bachelor of
therapies, oral,
Science in Nursing, with at least nine (9) Provided, That this section shall not apply
topical and parenteral
units in management courses at the to nursing students who perform nursing
medications, internal
graduate level. functions under the direct supervision of
examination during
Provided, That a person occupying the a qualified faculty: Provided, further, That
labor in the absence
position of chief nurse or director of in the practice of nursing in all settings,
of antenatal bleeding
nursing service shall, in addition to the the nurse is duty-bound to observe the
and delivery.
foregoing qualifications, possess: Code of Ethics for nurses and uphold the
(a) At least five (5) years of experience in standards of safe nursing practice. The
nurse is required to maintain competence Suturing of perineal
a supervisory or managerial position in
nursing; and
.chan robles virtual law library by continual learning through continuing laceration needs
(b) A master's degree major in nursing professional education to be provided by special training.
service administration or its equivalent: the accredited professional organization
Provided however, That those occupying or any recognized professional nursing
such position before the effectivity of this organization: Provided, finally, That the
Act shall be given a period of five (5) years program and activity for the continuing
from the date of effectivity of this Act professional education shall be submitted
within which to qualify: Provided, further, to and approved by the Board.
That, by the year 2000, only holders of a
master's degree major in nursing Section 29. Qualification of Nursing
administration shall be appointed to such Service Administrators. - A person
position: Provided finally, That, for occupying supervisory or managerial
hospitals with bed capacity of fifty (50) positions requiring knowledge of nursing
and below, the minimum academic must:
qualifications and experiences for a chief
nurse shall be as specified under
(a) Be a registered nurse in the Section 29.
subsections (c), (d) and (e) of this section.
Philippines; Qualifications of Nursing
Service Administrators
(b) Have at least two (2) years
experience in general nursing Registered Nurse in the
service administration; Philippines
Chief Nurses
occupying such
positions that have
not satisfied the
qualifications will be
given 5 years within
which to qualify
HEALTH HUMAN RESOURCE Health Human Resources Production, Health Human Resource
DEVELOPMENT, PRODUCTION AND Utilization and Development Production, Utilization
UTILIZATION and Development
Section 30. Studies for Nursing
Sec. 29. Studies for Nursing Manpower Manpower Needs, Production, Utilization Section 30. Studies for
Needs, Production, Utilization and and Development. - The Board, in Manpower needs,
Development. — The Nursing Board shall coordination with the accredited production, utilization
undertake studies and initiate and/or professional organization and appropriate and development
cooperate with appropriate government government or private agencies shall
or private agencies in the conduct of
studies for health human resource
production, utilization and development. initiate undertake and conduct studies on The Broad in
health human resources production, coordination with
utilization and development. APO and other
appropriate agencies
shall initiate,
undertake and
conduct studies on
health human
resource production,
utilization and
development.
Section 31.
Section 31. Comprehensive Nursing Comprehensive Nursing
Specialty Program. - Within ninety (90) Specialty Program
days from the effectivity of this Act, the
Board in coordination with the accredited
Within 90 days from
professional organization recognized
effectivity of the Act
specialty organizations and the
Department of Health is hereby
mandated to formulate and develop a It would upgrade
comprehensive nursing specialty program level of skill and
that would upgrade the level of skill and competence of
competence of specialty nurse clinicians specialty nurse
in the country, such as but not limited to clinicians in the
the areas of critical care, oncology, renal country
and such other areas as may be
determined by the Board. The beneficiaries of
this program are
The beneficiaries of this program are obliged to serve in
obliged to serve in any Philippine hospital any Phil hospital for a
for a period of at least two (2) years and period of at least 2
continuous service. years of continuous
service.
Section 32. Salary. - In order to enhance
the general welfare, commitment to
service and professionalism of nurses the Section 32. Salary
minimum base pay of nurses working in
the public health institutions shall not be Minimum base pay
lower than salary grade 15 prescribes for nurses in public
under Republic Act No. 6758, otherwise health institutions
known as the "Compensation and shall not be lower
Classification Act of 1989": Provided, That than salary grade 15.
for nurses working in local government
units, adjustments to their salaries shall
be in accordance with Section 10 of the
said law.
Government and
private hospitals are
mandated to
maintain the
standard nurse to
patient ratio of 1:20
for general ward and
1:1 for ICU
PENAL AND MISCELLANEOUS Penal and Miscellaneous Provisions Penal and Miscellaneous
PROVISIONS Provisions
Section 35. Prohibitions in the Practice of
Sec. 30. Prohibitions in the Practice of Nursing. - A fine of not less than Fifty Section 35.Prohibitions
Nursing. — A fine of not less than Ten thousand pesos (P50,000.00) nor more
thousand pesos (P10,000.00) nor more
than Forty thousand pesos (P40,000.00) than One hundred thousand pesos in the Practice of Nursing
or imprisonment of not less than one (1) (P100,000.00) or imprisonment of not less
year nor more than six (6) years, or both, than one (1) year nor more than six (6) Fine of not less than
in the discretion of the court, shall be years, or both, upon the discretion of the 50K pesos nor more
imposed upon: court, shall be imposed upon: than 100K pesos or
(a) Any person practicing nursing in the imprisonment of not
Philippines within the meaning of this (a) any person practicing nursing less than 1 year nor
Act: in the Philippines within the more than 6 years or
(1) Without a certificate of registration or meaning of this Act: bothGrounds include
without having been declared exempt persons who practice
from examination in accordance with the without valid
(1) without a certificate
provisions of this Act; certificate/license/pe
of
.chan robles virtual law library rmit; RN’s who assists
registration/professiona
(2) Who uses as his/her own the the illegal practice of
l license and
certificate or registration of person who is not
professional
another; chan robles virtual law library lawfully qualified to
identification card or
(3) Who uses an expired, suspended or practice Nursing; any
special temporary
revoked certificate of registration; person who
permit or without
(4) Who gives any false evidence to the undertakes in-service
having been declared
Board of Nursing in order to obtain a educational programs
exempt from
certificate of registration; or who conducts
examination in
(5) Who falsely poses or advertises as a review classes for
accordance with the
registered nurse or uses any other means both local and foreign
provision of this Act; or
that tend to convey the impression that exams without
he or she is a registered nurse; or chan proper permits or
(2) who uses as his/her
robles virtual law library clearance; any person
own certificate of
(6) Who appends B.S.N./R.N. (Bachelor of who violate minimum
registration/professiona
Science in Nursing/Registered Nurse) to base pay or nurses
l license and
his/her name without having been and incentives and
professional
conferred said degree or registration; benefits that should
identification card or
(b) Any person who undertakes in-service be accorded to them;
special temporary
educational programs or who conducts any person violating
permit of another; or
review classes for both local and foreign any provision of this
examinations without permit/clearance
from the Philippine Nursing Association, (3) who uses an invalid
the Board of Nursing and the appropriate certificate of
office or officer of the Department of registration/professiona
Labor and Employment; and l license, a suspended or
.chan robles virtual law library revoked certificate of
(c) Any person violating any provision of registration/professiona
this Act.chan robles virtual law library l license, or an expired
Sec. 31. Standard Basic Pay. — Based on or cancelled
current National Economic and special/temporary
Development Authority (NEDA) figures, permits; or
the proper government office or agency
shall fix a standard pay for all nurses (4) who gives any false
working in either public or private health evidence to the Board in
agencies. The same standard basic pay order to obtain a
shall be increased periodically to cope certificate of
with the increase in cost of living. registration/professiona
.chan robles virtual law library l license, a professional
identification card or
Sec. 32. Enforcement of this Act. — It
shall be the duty of all duly constituted special permit; or
law-enforcement agencies and officers of
national, provincial, city or municipal (5) who falsely poses or
governments to enforce the provisions of advertises as a
this Act and to prosecute any person registered and licensed
violating the same. nurse or uses any other
means that tend to
Sec. 33. Repealing Clause. — All laws, convey the impression
decrees, orders, circulars, rules and that he/she is a
regulations, and other issuances which registered and licensed
are inconsistent with this Act are hereby nurse; or
repealed, amended or modified
accordingly. (6) who appends
B.S.N./R.N. (Bachelor of
Sec. 34. Separability Clause. — If any part Science in
of this Act is declared unconstitutional, Nursing/Registered
the remaining parts not affected thereby Nurse) or any similar
shall continue to be valid and appendage to his/her
operational. chan robles virtual law name without having
library been coferred said
degree or registration;
Sec. 35. Effectivity. — This Act shall take or
effect one (1) month after its publication
in any newspaper of general circulation in
(7) who, as a registered
the Philippines.
and licensed nurse,
abets or assists the
illegal practice of a
person who is not
lawfully qualified to
practice nursing.
ARTICLE IX ARTICLE 9