Activity No 1 Ethical Legal

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ETHICAL AND LEGAL DIMENSION OF HEALTHCARE
Activity No. 1
Section 4A - Group 4:
Armie Rose M. Capinpin
Raquel R. Clavio
Mellany A. Lagasca
Gelmark S.Olivares
Anna Mae Krizia E. Palma
Wesleyan University- Philippines
CONAMS- Master of Arts in Nursing- Distant Learning
Ethical and Legal Dimension of Healthcare
Dr. Gil P. Soriano
May 28, 2022

1. Make a comparison of the two [2] Nursing laws, RA 7164 and RA 9173. Analyze the difference/ changes of the two in terms of their context.
The following is the comparison of the Philippine Nursing Law of 1991, known as Republic Act No. 7164, and the Philippine Nursing Act of 2002, known as
Republic Act 9173. We’ve put everything in a table so it's easy to grasp, and we’ve highlighted the main modification in yellow. A number of things have been added
to the new law, and other things have been removed from the old law.
Description REPUBLIC ACT NO. 7164 REPUBLIC ACT NO. 9173 ANALYSIS
AN ACT REGULATING THE AN ACT PROVIDING FOR A MORE
PRACTICE OF NURSING IN RESPONSIVE NURSING PROFESSION,
THE PHILIPPINES REPEALING FOR THE PURPOSE
REPUBLIC ACT NO.7164, OTHERWISE
KNOWN AS THE PHILIPPINE NURSING
ACT OF 1991 AND FOR OTHER
PURPOSES
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This Act shall be known as the This act shall be known as the Philippine
Also Known As Philippine Nursing of 1991 Nursing Act of 2002
Article III Sec.3. Name and Composition of Sec.3. Creation and Composition of the  The new law provides for an
ORGANIZATION OF THE the Board. – Board. increase in the number of
BOARD OF NURSING members, from four to six.
There shall be created a Board of There shall be created a Professional
Composition of the Board Nursing to be composed of a Regulatory of Nursing, hereinafter e Board, to
Chairman and four (4) members be composed of a Chairperson and six (6)
who shall be appointed by the members. They shall be appointed by the
President from a list of twelve (12) President of the Republic of the Philippines
nominees who are registered nurses from among two (2) recommended, per
of recognized standing in the vacancy, of the Professional Regulation
Philippines and who possess the Commission, hereinafter referred to as the
qualifications prescribed in Section Commission, chosen and ranked from a list of
5 of this Act as certified by the three (3) nominees, per vacancy, of the
accredited national nurses’ accredited professional organization of nurses

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association to the Professional in the Philippines who possess the
Regulation Commission. qualifications prescribed in Section 4 of this
Act.
Qualifications of the Board Sec. 5. Qualifications of Board Sec.4 . Qualification of the Chairperson and  The new law included the
Members. Members of the Board. requirement of being a natural
citizen, which was not stated in
A member of the Board shall: The Chairperson and Members of the Board the previous law.
a. Be a citizen and resident of shall, at the time of their appointment, possess
the Philippines; the following qualifications:  On the other hand, they repealed
b. Be a member in good a. Be a natural born citizen and resident the old law's requirement that
standing of the accredited of the Philippines; applicants hold a green card or
national nurses’ association; b. Be a member of good standing of the equivalent.
c. Be a registered nurse and accredited professional organization of
holder of a master’s degree nurses;
in nursing conferred by a c. Be a registered nurse and holder of a

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college or university duly master’s degree in nursing, education  Additionally, they added that
recognized by the or other allied medical profession the last five years of experience
Government; conferred by a college or university must be spent in the Philippines
d. Have at least ten (10) years duly recognized by the Government; to qualify.
of continuous practice of the Provided, That the majority of the
profession prior to Members of the Board shall be holders
appointment; of a master’s degree in nursing;
e. Not be a holder of a green Provided, further that the Chairperson
card or its equivalent; and shall be a holder of a master’s degree
f. Not have been convicted of in nursing;
any offense involving moral d. Have at least ten (10) years of
turpitude even if previously continuous practice of the profession
extended pardon by the prior to appointment: Provided,
President of the Philippines however, That the last last five (5)
years of which shall be in the
Philippines; and
e. Not have been convicted of any

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offenses involving moral turpitude;
ARTICLE IV Section 13. Qualifications of SEC. 13. Qualifications for Admission to the  The previous law eliminated the
Applicants. Licensure Examination. age restriction of under 18

EXAMINATION AND
years. It is no longer specified
REGISTRATION In order to be admitted to the examination for
in the new legislation.
In order to be admitted to the nurses, an applicant must, at the time of filing
Qualification of Applicants
examination for nurses, an his/her application, establish to the
applicant must, at the time of filing satisfaction of the Board that:
his or her application, establish to

(a) He/she is a citizen of the Philippines, or a
the satisfaction of the Board of
citizen or subject of a country which permits
Nursing that:
Filipino nurses to practice within its territorial
(a) He or she is a citizen of limits on the same basis as the subject or
the Philippines, or a citizen citizen of such country: Provided, That the
or subject of a country requirements for the registration or licensing
which permits Filipino of nurses in said country are substantially the
nurses to practice within its

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territorial limits on the same same as those prescribed in this Act;
basis as the subject or

(b) He/she is of good moral character; and
citizen of such country:
Provided, That the (c) He/she is a holder of a Bachelor’s Degree
requirements for the in Nursing from a college or university that
registration or licensing of complies with the standards of nursing
nurses in said country are education duly recognized by the proper
substantially the same as government agency.
those prescribed in this Act;
(b) He or she is at least
eighteen (18) years of age:
Provided, That any
underage applicant who
successfully passes the
examination shall not be
permitted or licensed to
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practice nursing until he or
she shall have reached the
age of majority;
(c) He or she is in good
health and is of good moral
character; and
(d) He or she is a holder of
bachelor′s degree in nursing
from a college or university
duly recognized by the
proper government agency.
Date of Licensure Section 14. Licensure SEC. 12. Licensure Examination. —  The new law does not specify
Examination Examination. – when the licensure examination
All applicants for license to practice nursing will be administered; rather, it

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shall be required to pass a written will be determined by the PRC
The licensure examination for the examination, which shall be given by the in accordance with Republic
practice of nursing in the Board in such places and dates as may be Act No. 8981, also known as the
Philippines shall by given by the designated by the Commission: Provided, "PRC Modernization Act of
Board not earlier than one (1) That it shall be in accordance with Republic 2000."
month but not later than two (2) Act No. 8981, otherwise known as the “PRC
months after the closing of the Modernization Act of 2000.”
semester prescribed by the
Department of Education, Culture
and Sports. The examination shall
be held in the City of Manila or in
such places as may be decided by
the Board subject to the approval of
the Professional Regulation
Commission.
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Board Rating Section 16. Rating in the SEC. 15. Ratings  The section from the previous
examination. law that stated, "An examinee
who fails to obtain at least
In order to pass the examination, an examinee seventy-five percent (75%) in
In order to pass the examination, an must obtain a general average of at least the subject or subjects repeated
examinee must obtain a general seventy-five percent (75%) with a rating of after the third examination shall
average rating of at least seventy- not below sixty percent (60%) in any subject. no longer be permitted to take
five percent (75%) with a rating of An examinee who obtains an average rating the examination..." has been
not below sixty percent (60%) in of seventy-five percent (75%) or higher but deleted. It is not mentioned in
any subject. An examinee who gets a rating below sixty percent (60%) in any the new law, which means that
obtains an average rating of subject must take the examination again but the qualifier has an unlimited
seventy-five percent (75%) or only in the subject or subjects where he/she is number of opportunities to sit
higher but gets a rating below sixty rated below sixty percent (60%). for the examination.
percent (60%) in any given subject
must take the examination again, In order to pass the succeeding examination,
but only in the subject or subjects an examinee must obtain a rating of at least
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seventy-five percent (75%) in the subject or

where he or she rated below sixty
subjects repeated.
percent (60%).
In order to pass the succeeding
examination an examinee must
obtain a rating of at lest seventy-
five percent (75%) in the subject or
subjects repeated.
An examinee who despite the third
examination fails to obtain at least
seventy-five percent (75%) in the
subject or subjects repeated shall no
longer be allowed to take the
examination, unless he proves to
the satisfaction of the Board that
he/she has undergone a refresher

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course consisting in enrollment and
passing in the regular fourth year
subjects in a recognized nursing
school.
Revocation and Suspension Section 21. Revocation and SEC. 23. Revocation and Suspension of  The new law increased the
of Certificates Suspension of Certificates. – The Certificate of Registration/Professional number of grounds for revoking
Board shall have the power to License and Cancellation of or suspending certificates.
revoke or suspend the certificate of Special/Temporary Permit.
registration of a nurse upon any of

The Board shall have the power to revoke or
the following grounds:
suspend the certificate of
(a) For any of the causes registration/professional license or cancel the
mentioned in the preceding special/temporary permit of a nurse upon any
section; of the following grounds:
(b) For unprofessional and (a) For any of the causes mentioned in the
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unethical conduct; preceding section;
(c) For gross incompetence (b) For unprofessional and unethical conduct;
and serious ignorance;

(c) For gross incompetence or serious
(d) For malpractice or ignorance;
negligence in the practice of

(d) For malpractice or negligence in the
nursing; and
practice of nursing;
(e) For the use of fraud,

(e) For the use of fraud, deceit, or false
deceit, or false statements in
statements in obtaining a certificate of
obtaining a certificate of
registration/professional license or a
registration.
temporary/special permit;
(f) For violation of this Act, the rules and
regulations, Code of Ethics for nurses and
technical standards for nursing practice,
policies of the Board and the Commission, or

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the conditions and limitations for the issuance
of the temporary/special permit; or
(g) For practicing his/her profession during
his/her suspension from such practice;
Provided, however, That the suspension of the
certificate of registration/professional license
shall be for a period not to exceed four (4)
years.
Reissuance of Revoked Section 22. Reissuance of Revoked SEC. 24. Re-issuance of Revoked Certificates  The new law stated that a
Certificates and Replacement Certificates and Replacement of and Replacement of Lost Certificates. — revoked or suspended certificate
of Lost Certificates Lost Certificates. – may be reinstated or corrected

The Board may, after the expiration of a
upon application after 4 years,
maximum of four (4) years from the date of
The Board may, for reasons of in contrast to the previous law,
revocation of a certificate, for reasons of
equity and justice or when the which did not specify how long
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cause for revocation has an applicant may apply.

equity and justice and when the cause for
disappeared or has been cured and
revocation has disappeared or has been cured
corrected, upon proper application
and corrected, upon proper application
therefor and the payment of the
therefor and the payment of the required fees,
required fees, issue another copy of
issue another copy of the certificate of
the certificate of registration.
registration/professional license.
ARTICLE V Section 23. General Entrance  This requirement was removed
Requirements. – Applicants upon admission to the nursing

NURSING EDUCATION
desiring to enroll in a nursing program. Anyone who meets
General Entrance course must belong to the upper the university or college's
Requirements forty percent (40%) of the admission requirements may
graduating class of the general enroll in nursing.
secondary course, as certified by

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the school.
SEC. 26. Requirement for Inactive Nurses  The new law establishes
Returning to Practice. — Nurses who have requirements for nurses who
not actively practiced the profession for five have been out of the profession
(5) consecutive years are required to undergo for an extended period of time
Requirement for Inactive one (1) month of didactic training and three and wish to return. They must
Nurses Returning to Practice (3) months of practicum. The Board shall complete at least three months
accredit hospitals to conduct the said training of training.
program.
Section 26. Qualifications of the SEC. 27. Qualifications of the Faculty. — A  The requirements for faculty
Qualifications of the Faculty Faculty. – A member of the faculty member of the faculty in a college of nursing members at the College of
in a college or school of nursing teaching professional courses must: Nursing have been amended.
must:
(a) Be a registered nurse in the Philippines;
(b) Have at least one (1) year of clinical  It is not necessary to be a

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(a) Be a Filipino citizen; practice in a field of specialization; Filipino citizen to work as a
faculty member.
(b) Be a registered nurse in (c) Be a member of good standing in the
the Philippines; accredited professional organization of
nurses; and
(c) Have at least three (3)  Clinical practice specialization
years of clinical practice in (d) Be a holder of a master’s degree in has been reduced to one year
a field of specialization; nursing, education, or other allied medical from three years previously.
and health sciences conferred by a college or

(d) Be a member of good
university duly recognized by the
standing in the accredited
Government of the Republic of the  However, the requirement for
national nurses′ association;
Philippines. becoming a dean have been
and
modified. They increased the
In addition to the aforementioned
(e) Be a holder of a master′s requirement to have at least five
qualifications, the dean of a college must have
degree in nursing or other years of experience from the
a master’s degree in nursing. He/she must
related fields conferred by a previous law's requirement of at
have at least five (5) years of experience in
college or university duly least three years.
nursing.
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recognized by the
Government of the Republic
of the Philippines; Provided,
however, That nothing in
this Act shall be construed
to disqualify those who
have already been
considered qualified and
actually occupying the
position before the
effectivity of this Act:
Provided, further, That
those occupying such
position before the
effectivity of this Act shall
be given a period of five (5)

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years from the date of
effectivity of this Act within
which to qualify under the
provisions hereof: Provided,
finally, That, by the year
2000, all colleges of nursing
shall only employ faculty
members with a master′s
degree in nursing or in other
related fields.
In addition to the aforementioned
qualifications, the dean of a college
or school of nursing must have had
at least there (3) years of
experience in teaching and
supervision in nursing education,

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and preferably must have a master′s
degree in administration and
supervision of nursing education
programs.
ARTICLE VI Section 28. Qualifications of SEC. 29. Qualifications of Nursing Service  According to the new law, it is
Nursing Service Administrator. – A Administrators. — A person occupying no longer necessary to be a

NURSING PRACTICE
person occupying supervisory or supervisory or managerial positions requiring Filipino citizen to work as a
Qualifications of Nursing managerial positions requiring knowledge of nursing must: Nursing Service administrator.
Service Administrator knowledge of nursing must:

(a) Be a registered nurse in the Philippines;
(a) Be a Filipino citizen or a

(b) Have at least two (2) years experience in
former Filipino citizen who
general nursing service administration;
was has officially declared
his/her intention to (c) Possess a degree of Bachelor of Science in
reacquire Filipino Nursing, with at least nine (9) units in

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citizenship; management and administration courses at the
graduate level; and

(b) Be a registered nurse in
the Philippines; (d) Be a member of good standing of the
accredited professional organization of

(c) Be a member in good
nurses;
standing of the accredited
national organization of
nurses;
(d) Have at least two (2)
years’ experience in general
nursing service
administration; and
(e) Possess a degree of
Bachelor of Science in
Nursing, with at least nine

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(9) units in management
courses at the graduate
level.
ARTICLE VI Section 31. Standard Basic Pay. – SEC. 32. Salary. — In order to enhance the  According to the new law, the
HEALTH HUMAN Based on current National general welfare, commitment to service and salary grade of nurses is
RESOURCE Economic and Development professionalism of nurses, the minimum base specifically stated.
DEVELOPMENT, Authority (NEDA) figures, the pay of nurses working in the public health  .
PRODUCTION AND proper government office or agency institutions shall not be lower than salary
UTILIZATION shall fix a standard pay for all grade 15 prescribed under Republic Act No.
nurses working in either public or 6758, otherwise known as the “Compensation
Salary private health agencies. The same and Classification Act of 1989”: Provided,
standard basic pay shall be That for nurses working in local government
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increased periodically to cope with units, adjustments to their salaries shall be in
the increase in cost of living. accordance with Section 10 of the said law.
SEC. 34. Incentives and Benefits. — The  The new law specifies and
Board of Nursing, in coordination with the refers to the incentives and
Department of Health and other concerned benefits available to nurses and
government agencies, association of hospitals their families.
and the accredited professional organization
shall establish an incentive and benefit system  Additionally, it mentions the
in the form of free hospital care for nurses and requirement to maintain the
Incentives and Benefits
their dependents, scholarship grants and other Department of Health's standard
non-cash benefits. The government and nurse-patient ratio.
private hospitals are hereby mandated to
maintain the standard nurse-patient ratio set
by the Department of Health.
ARTICLE VII Section 30. Prohibitions in the SEC. 35. Prohibitions in the Practice of  The new law increased the fine.
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PENAL AND Practice of Nursing. – A fine of not Nursing. — A fine of not less than Fifty They've increased it from
MISCELLANEOUS less than Ten thousand pesos thousand pesos (P50,000,00) nor more than 10,000 to 40,000 to 50,000 to
PROVISIONS (P10,000.00) nor more than Forty One hundred thousand pesos (P100,000.00) or 100,000.
thousand pesos (P40,000.00) or imprisonment of not less than one (1) year nor
imprisonment of not less than one more than six (6) years, or both, upon the  The new law expanded the
Prohibitions in the Practice of (1) year nor more than six (6) years, discretion of the court, shall be imposed upon: grounds for nursing practice
Nursing or both, in the discretion of the prohibitions, including

a) any person practicing nursing in the
court, shall be imposed upon: violations of paying nurses less
Philippines within the meaning of this Act:
than the minimum wage.
(1) without a certificate of

(a) Any person practicing nursing
registration/professional license and
in the Philippines within the
professional identification card or special
meaning of this Act:
temporary permit or without having been
(1) Without a certificate of declared exempt from examination in
registration or without accordance with the provision of this Act; or
having been declared

(2) who uses as his/her own certificates of
exempt from examination in
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accordance with the registration/professional license and
provisions of this Act; professional identification card or special
temporary permit of another; or

(2) Who uses as his/her own
the certificate or registration (3) who uses an invalid certificate of
of another; registration/professional license, a suspended
or revoked certificate of
(3) Who uses an expired,
registration/professional license, or an expired
suspended or revoked
or cancelled special/temporary permit; or
certificate of registration;
(4) who gives any false evidence to the Board

(4) Who gives any false
in order to obtain a certificate of
evidence to the Board of
registration/professional license, a
Nursing in order to obtain a
professional identification card or special
certificate of registration;
permit; or
(5) Who falsely poses or

(5) who falsely poses or advertises as a
advertises as a registered
registered and licensed nurse or uses any
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nurse or uses any other other means that tend to convey the
means that tend to convey impression that he/she is a registered and
the impression that he or she licensed nurse; or
is a registered nurse; or
(6) who appends B.S.N./R.N. (Bachelor of
(6) Who appends Science in Nursing/Registered Nurse) or any
B.S.N./R.N. (Bachelor of similar appendage to his/her name without
Science in having been conferred said degree or
Nursing/Registered Nurse) registration; or
to his/her name without

(7) who, as a registered and licensed nurse,
having been conferred said
abets or assists the illegal practice of a person
degree or registration;
who is not lawfully qualified to practice
(b) Any person who undertakes in- nursing.
service educational programs or

(b) any person or the chief executive officer
who conducts review classes for
of a juridical entity who undertakes in-service
both local and foreign examinations
educational programs or who conducts review
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without permit/clearance from the classes for both local and foreign examination
Philippine Nursing Association, the without permit/clearance from the Board and
Board of Nursing and the the Commission; or
appropriate office or officer of the

(c) any person or employer of nurses who
Department of Labor and
violate the minimum base pay of nurses and
Employment; and
the incentives and benefits that should be
(c) Any person violating any accorded them as specified in Sections 32 and
provision of this Act. 34; or
(d) any person or the chief executive officer
of a juridical entity violating any provision of
this Act and its rules and regulations.

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2. Evaluate the rules, regulations, policies, about the Scope of Nursing Practice and its Implication to Nursing
Our profession as a nurse is governed by a strong set of laws and rules approved by the national government for us to abide by. Nurses should be familiar with what these laws
hold and what they can do to help us function fully and legally and as an effective nurse in the hospital, in the community or in any setting which our profession requires practice.
Scope of Nursing Practice is a guide to professional Nursing activities and best practices, because Nursing is a practice discipline, research is conducted to address issues that
directly affect Nursing practice whether in-patient care, administration, and education. Nursing implications are possible clinical consequences or effects of implementing the rules,
regulations, and policies concerning the scope of Nursing. Scope of Practice defines the boundaries of the practitioner's license while standards are authoritative statements that
describe the level of care or performances common to the profession of nursing and are used to judge the quality of nursing practice. Scope and standards guide our actions and
help us manage our practice along with the challenges we face in Nursing.
Regulation of the Nursing profession is mainly for the protection of the public by ensuring that nursing care is provided by qualified and competent practitioners. The
benefits to individual practitioners and the profession as a whole, which will ensure professional regulation, are secondary to this overriding principle.
In the Philippines, the Scope of Nursing Practice includes the declaration of the Policy of the state to take on responsibility for the protection and improvement of the
nursing profession by instituting measures that will result in relevant nursing education, humane working conditions, better career prospects, and a dignified existence for
the nurses. Here are some laws governing the practice of nursing in the Philippines:
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 Republic Act (RA) 9173 or known as the Philippine Nursing Act of 2002 provides a comprehensive definition and understanding of the nursing profession. It outlines
the scope of nursing practice. It is stated in the article VI of RA 9173 scope of nursing that a person shall be deemed to be practicing in nursing within the meaning of this
act when he/she singly or in collaboration with another initiates and performs nursing services to individuals, families and communities in any healthcare setting. As
member independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness. As members of the health team, nurses shall
collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery
is not possible, towards a peaceful death.
 Republic Act 7305: Magna Carta of Public Health Workers
The Magna Carta of Public Health Workers (Republic Act or RA 7305) was enacted to ensure that health workers are properly compensated, which will in turn benefit
patients through the delivery of quality health care service. This act states that “there shall be no understaffing or overloading of public health workers. The ratio of health
staff to patient load shall be such as to reasonably effect a sustained delivery of quality health care at all times without overworking the public health worker and over
extending his/her duty and service. Under SEC. 20. Additional Compensation. – Notwithstanding Section 12 of Republic Act No. 6758, public workers shall receive the
following allowances: hazard allowance, subsistence allowance, longevity pay, laundry allowance and remote assignment allowance. However, these benefits for public
health workers in the municipalities and cities are inadequately implemented. Local governments must enforce public health worker’s rights and benefits, but the national
government should aid and ensure its unvarying implementation.
Compared to other public servants in the Philippines like police and teachers who are enjoying fairly good compensation, Filipino nurses are still getting exploited and
compensated poorly. It is no-brainer for registered nurses in the country to look for greener pastures abroad for a better life and work environment, not to mention the fair
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remuneration and benefits they are receiving. With the pandemic taking a toll on our healthcare system, recently Supreme Court has ruled that the Government nurses are
entitled by law to a minimum monthly salary of up to 30,532 which is equivalent to Salary grade 15 and they recently imposed a ban from Filipino Nurses to work overseas
in view of the staff shortages. However, instead of just preventing them from leaving, the government should focus on trying to get the nurses who’ve left the profession to
come back and entice them with a regular salary, benefits, proper protections and hazard pay.
 The Republic Act 10912, otherwise known as the Continuing Professional Development (CPD) Act of 2016, was passed into law to promote and upgrade the practice
of healthcare professions in the Philippines. The benefits include improving professional competencies, obtaining and refining the necessary knowledge and skills for career
advancement, achieving personal and professional growth, and becoming globally competitive while the disadvantages include high cost and expense, inaccessibility and
unavailability of CPD programs, additional requirement despite the work overload, lack of support, time constraints among family and loved ones, and limitations of rest
and relaxation. Policy directives in addressing these salient issues in the implementation of the law are also advised. The CPD is indeed a critical factor in ensuring that
Filipino healthcare professionals are empowered and globally competitive.
3. Discuss the roles of nurses in bridging the issues, trends, in the revision of RA 7164 to RA 9173. May cite examples / situations you have experienced both personal and
professional.
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We nurses have different roles. In practice, we apply the knowledge and skills that we have learned to care for individuals of all ages, families, groups, and communities, sick
or well and in all settings. Next is in education. Nurses in this role are the ones preparing future nurses in order to meet diverse patients' needs; function as leaders; and advance in
science that benefits patients and the capacity of health professionals to deliver safe, quality patient care (Institute of Medicine (US) Committee on the Robert Wood Johnson
Foundation Initiative on the Future of Nursing, 2011). And then, there’s the role in research which gives nurses the opportunity for additional studies that can facilitate the
development of new interventions and/or skills that can improve health outcomes and contribute to optimum healthcare delivery. Those roles are significant in meeting the
healthcare needs of the Filipino people, so to ensure that nurses are well-equipped to fulfill those roles, the Philippine government passed laws to keep the nursing profession in the
country relevant and abreast with the demands of global competitiveness. The valuable contributions brought by those roles in different aspects of care were the driving forces
because RA 7164 has been amended by the better and more responsive act of 2002 - RA 9173. This was in recognition of the vital roles the nurses play in the delivery of quality
health services not only in the country, but all over the world. According to Section 2 of the new ruling, it is hereby declared that the policy of the State to assume responsibility for
the protection and improvement of the nursing profession by instituting measures that will result in relevant nursing education, humane working conditions, better career prospects
and a dignified existence for our nurses.
RA 9173 appointed and gave Commission on Higher Education (CHED) the authority and duty to promulgate Nursing Education policies and standards, with the broad
mandate that Nursing Education provide a solid general and technical basis for nursing practice. It applies to me professionally as I being a faculty, falls in the education role. I am
employed in one of the country’s Higher Education Institutions (HEI’s) that follows CHED policies and guidelines in implementing a BSN curriculum that is continuously
adjusting to match the changing healthcare needs and technological advancement. We are trying to give realization to the government’s mission to provide the best healthcare
services to the Filipinos, and ensure the global competitiveness of Filipino nurses.
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4.
5. With the approval of the new Nursing Act in the Third and Final Reading in the Lower House, what are the pertinent provisions in this Bill that will impact the Nursing
Education, Practice and research.
On the 8th November 2021, the New Philippine Nursing Practice Act introduced by Senator Risa Hontiveros was approved in the third and final reading in the House of
Representatives. An act “Providing for a comprehensive nursing law, promoting a more responsive and effective health care system, and appropriating funds therefor”.
There are several salient provisions in the bill that impacted Nursing Practice, Education and Research. Firstly, according to Article IV Section 30 Scope of Nursing Practice of the
New Philippines Nursing Practice Act. The scope of nursing practice is the range of roles, functions, responsibilities, and activities on which a registered nurse is educated,
competent, and has authority to perform. It includes nursing service, education, research, leadership, and governance as defined in this Act. A person shall be deemed practicing the
nursing profession when singly or in collaboration with other professionals, with or without fee or compensation, the person assumes any or all of the four (4) roles: (1) provider of
direct client care, (2) educator, (3) researcher, and (4) manager and leader. Career Progression Specialization Program for Nursing (CPSPN) and the Philippine Qualifications
Framework (PQF) will also be provided for advance nursing care development, recognition and award qualification. In Section 31, a nurse may practice in special areas, such as
high dependency unit, critical areas, or in a special procedure or interventional area provided that the nurse has acquired relevant competencies; which nurses will be landed into 3
categories: (1) General Practice Nursing, (2) Specialty Practice Nursing, and (3) Advanced Practice Nursing. In Section 34 and 35 states that ALL nurses, whether they are
31
working in the public sector or in private healthcare facilities, industrial or community setting they should (1) receive compensation that is just and due to their qualification, (2)
Must be classified as regular staff after a reasonable probationary period, (3) Salary shall not, upon entry, be lower than the rate assigned to Salary grade 15. (SG15), (4) free
hospital care, (5) scholarships grants, (6) other non-cash benefits for nurses and their dependents subject to existing regulations. And the most important, in Section 50: Nursing
Staff Complement -The Board shall, in consultation with the DOH and other stakeholders, ensure the provision of a safe nursing workforce for any healthcare setting guided by the
following principles: (c) Non-substitution of nurses by other healthcare professionals in performing nursing functions, (d) Non-delegation of nurses in management positions to
augment staff limitations; (e) Respect for nurses' professional judgment in determining the required safe workforce staffing; (f) Active involvement of direct care nursing staff and
nursing management in all stages and aspects of the institution's HRH design, policy development, and decision making; (g) Timely adjustments to nurse staffing based on changes
in patients and population healthcare needs. (h) The nursing workforce complement is designed to ensure patient safety, quality service delivery, and the maintenance of a positive
practice environment that promotes economic welfare, professional autonomy, job satisfaction and retention, and ensures safe staffing, managerial support, professional
development, occupational safety and psychological health and patient and nurse safety. With these provisions nurses will feel more confident to render their service and feel more
secured as these provisions will protect them and their license.
Secondly, according to article V Nursing Education: Basic Nursing Education-Nursing education refers to the formal learning and training in the science and art of nursing
provided by HEIs duly recognizes by the CHED. There shall be standard Baccalaureate and a Graduate Program for Nursing Education pursuant to Republic Act No. 772,
otherwise known as the “Higher Education Act of 1994”. In section 38 states that the admission to the Bachelor of Science in Nursing Program requires passing the National
Nursing Admission test (NNAT). In section 42. Faculty-to-student-ratio- The facility-to-student ratio must be in accordance with the standards to be determined and prescribed by
the CHED. In section 34 it is also states that the pay for nurses working in Nursing Education, both government and non-government schools and universities, shall be in
32
accordance with academic rank. With these provisions it will guarantee that high-quality education is given to nursing student that will make them a knowledgeable and competent
nurse.
Lastly, according to Article VII Nursing Research, Policy Development, and Planning: Sec. 47. Nursing Research and Policy Development. - Nursing Research and Policy;
Development shall involve the study of nurse-related issues, such as: a) Professional nursing practice and nursing development such as advancing nursing knowledge, health and
nursing governance, to ensure quality nursing care for all and advocacy for sound health policies nationally and globally; b) Information and knowledge management and
communication technology; c) Regulation of nursing standards, competencies and the process of credentialing; and d) Socio-economic welfare for nurses like occupational health
and safety, human resources planning and policy, remuneration, career development.
In conclusion, we believe that this bill is a huge step toward promoting nurses’ welfare, protecting the rights and upholding the dignity of the nurses.
References
Carpio, L. P. D., Cayabyab, H. T. F., & Te, D. M. I. T. (2021). Determining the Implementation
Status of Benefits Under Magna Carta of Public Health Workers (RA 7305) in the Philippines.
Acta
Medica Philippina, 55(1). https://doi.org/10.47895/amp.v55i1.2950
Guingona, T., Escudero, F., & Villar, C. (2002, October 21). Implementing Rules and
Regulations - PNA Negros Oriental Chapter.
Https://Sites.Google.Com/Site/Pnanegrosorientalchapter/about/Implementing-Rules-and-
Regulations. Retrieved March 11, 2022, from
https://sites.google.com/site/pnanegrosorientalchapter/about/implementing-rules-and-
regulations
Institute of Medicine (US) Committee on the Robert Wood Johnson Foundation Initiative on the
Future of Nursing, a. t. (2011). The Future of Nursing - Leading Change, Advancing Health.
Washington DC: National Academies Press (US).
Madridano, M. A. (2022). The Philippine Nursing Curriculum, A Comprehensive Review of
Related Literature.
Republic Act No. 9173. (2002, October). Philippine Nursing Act of 2002. Official Gazette.
Retrieved from https://www.officialgazette.gov.ph/2002/10/21/republic-act-no-9173/
Republic Act No. 10912. (n.d.).
Https://Www.Lawphil.Net/Statutes/Repacts/Ra2016/Ra_10912_2016.Html.
https://www.lawphil.net/statutes/repacts/ra2016/ra_10912_2016.html
Scales, P., Pickering, J., Senior, L., Headley, K., Garner, P., & Boulton, H. (2011). Continuing
professional development in the lifelong learning sector (1st ed.) [E-book]. McGraw-Hill
Education.
1
18th Congress Senate Bill No. 2446, NEW PHILIPPINE NURSING PRACTICE ACT 2021

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ETHICAL AND LEGAL DIMENSION OF HEALTHCARE

Armie Rose M. Capinpin

Anna Mae Krizia E. Palma

Wesleyan University- Philippines

CONAMS- Master of Arts in Nursing- Distant Learning

Ethical and Legal Dimension of Healthcare

Dr. Gil P. Soriano

May 28, 2022

AN ACT REGULATING THE AN ACT PROVIDING FOR A MORE

PRACTICE OF NURSING IN RESPONSIVE NURSING PROFESSION,

THE PHILIPPINES REPEALING FOR THE PURPOSE

REPUBLIC ACT NO.7164, OTHERWISE

KNOWN AS THE PHILIPPINE NURSING

ACT OF 1991 AND FOR OTHER

Also Known As Philippine Nursing of 1991 Nursing Act of 2002

ORGANIZATION OF THE the Board. – Board. increase in the number of

BOARD OF NURSING members, from four to six.

There shall be created a Board of There shall be created a Professional

Composition of the Board Nursing to be composed of a Regulatory of Nursing, hereinafter e Board, to

who shall be appointed by the members. They shall be appointed by the

of recognized standing in the vacancy, of the Professional Regulation

Philippines and who possess the Commission, hereinafter referred to as the

qualifications prescribed in Section Commission, chosen and ranked from a list of

accredited national nurses’ accredited professional organization of nurses

association to the Professional in the Philippines who possess the

Regulation Commission. qualifications prescribed in Section 4 of this

Members. Members of the Board. requirement of being a natural

citizen, which was not stated in

a. Be a citizen and resident of shall, at the time of their appointment, possess

standing of the accredited of the Philippines; applicants hold a green card or

national nurses’ association; b. Be a member of good standing of the equivalent.

c. Be a registered nurse and accredited professional organization of

holder of a master’s degree nurses;

in nursing conferred by a c. Be a registered nurse and holder of a

Government; conferred by a college or university must be spent in the Philippines

of continuous practice of the Provided, That the majority of the

profession prior to Members of the Board shall be holders

appointment; of a master’s degree in nursing;

e. Not be a holder of a green Provided, further that the Chairperson

card or its equivalent; and shall be a holder of a master’s degree

f. Not have been convicted of in nursing;

any offense involving moral d. Have at least ten (10) years of

turpitude even if previously continuous practice of the profession

extended pardon by the prior to appointment: Provided,

years of which shall be in the

e. Not have been convicted of any

offenses involving moral turpitude;

Applicants. Licensure Examination. age restriction of under 18

applicant must, at the time of filing satisfaction of the Board that:

his or her application, establish to

(a) He or she is a citizen of limits on the same basis as the subject or

the Philippines, or a citizen citizen of such country: Provided, That the

or subject of a country requirements for the registration or licensing

which permits Filipino of nurses in said country are substantially the

nurses to practice within its

territorial limits on the same same as those prescribed in this Act;