Republic Act No. 9173 RA9173 "Philippine Nursing Act of 2002"
Republic Act No. 9173 RA9173 "Philippine Nursing Act of 2002"
9173
RA9173
Be it enacted by the Senate and the House of Representatives of the Section 3. Creation and Composition of the Board.
Philippines There shall be created a Professional Regulatory Board of Nursing, hereinafter referred
in Congress assembled: to as the Board, to be composed of a Chairperson and six (6) members. They shall be
appointed by the president of the Republic of the Philippines from among two (2)
ARTICLE I recommends, per vacancy, of the Professional Regulation Commission, hereinafter referred to
as the Commission, chosen and ranked from a list of three (3) nominees, per vacancy, of the
Title accredited professional organization of nurses in the Philippines who possess the
qualifications prescribed in Section 4 of this Act.
Section 1. Title. - This Act shall be known as the "Philippine Nursing Act
of 2002."
Section 4. Qualifications of the Chairperson and Members of the
Board.
ARTICLE II
Declaration of Policy The Chairperson and Members of the Board shall, at the time of their appointment,
possess the following qualifications:
Section 2. Declaration of Policy. (a) Be a natural born citizen and resident of the Philippines;
It is hereby declared the policy of the State to assume responsibility for the (b) Be a member of good standing of the accredited professional organization of nurses;
protection and improvement of the nursing profession by instituting measures that (c) Be a registered nurse and holder of a master's degree in nursing, education or other allied
will result in relevant nursing education, humane working conditions, better career medical profession conferred by a college or university duly recognized by the Government:
prospects and a dignified existence for our nurses. Provided, That the majority of the members of the Board shall be holders of a master's degree
in
nursing: Provided, further, That the Chairperson shall be a holder of a master's degree in
The State hereby guarantees the delivery of quality basic health services through nursing;
an adequate nursing personnel system throughout the country.
(d) Have at least ten (10) years of continuous practice of the profession prior to appointment:
Provided, however, That the last five (5) years of which shall be in the Philippines; and
(e) Not have been convicted of any offense involving moral turpitude; Provided, That the
membership to the Board shall represent the three (3) areas of nursing, namely: nursing
education, nursing service and community health nursing.
The Chairperson and Members of the Board shall hold office for a term of three (3)
years and until their successors shall have been appointed and qualified: Provided, That the Section 9. Powers and Duties of the Board.
Chairperson and members of the Board may be re-appointed for another term.
Any vacancy in the Board occurring within the term of a Member shall be filled for the The Board shall supervise and regulate the practice of the nursing profession
unexpired portion of the term only. Each Member of the Board shall take the proper oath of and shall have the following powers, duties and functions:
office prior to the performance of his/her duties.
(a) Conduct the licensure examination for nurses;
The incumbent Chairperson and Members of the Board shall continue to serve for the
remainder of their term under Republic Act No. 7164 until their replacements have been (b) Issue, suspend or revoke certificates of registration for the practice of nursing;
appointed by the President and shall have been duly qualified.
(c) Monitor and enforce quality standards of nursing practice in the Philippines and
exercise the powers necessary to ensure the maintenance of efficient, ethical and
Section 7. Compensation of the Board Members. technical, moral and professional standards in the practice of nursing taking into
account the health needs of the nation;
The Chairperson and Members of the Board shall receive compensation and allowances (d) Ensure quality nursing education by examining the prescribed facilities of
comparable to the compensation and allowances received by the Chairperson and members universities or colleges of nursing or departments of nursing education and those
of other professional regulatory boards. seeking permission to open nursing courses to ensure that standards of nursing
education are properly complied with and maintained at all times. The authority to
open and close colleges of nursing and/or nursing education programs shall be
vested on the Commission on Higher Education upon the written recommendation
of the Board;
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Section 10. Annual Report.
The Board shall at the close of its calendar year submit an annual report to the
President of the Philippines through the Commission giving a detailed account of its
proceedings and the accomplishments during the year and making
recommendations for the adoption of measures that will upgrade and improve the (f) Promulgate a Code of Ethics in coordination and consultation with the accredited
conditions affecting the practice of the nursing profession. professional organization of nurses within one (1) year from the effectivity of this
Act;
The president may remove or suspend any member of the Board after having (h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and
been given the opportunity to defend himself/herself in a proper administrative decisions as may be necessary for the improvements of the nursing practice,
investigation, on the following grounds; advancement of the profession and for the proper and full enforcement of this Act
subject to the review and approval by the Commission.
(a) Continued neglect of duty or incompetence;
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All applicants for license to practice nursing shall be required to pass a written
examination, which shall be given by the Board in such places and dates as may be
designated by the Commission: Provided, That it shall be in accordance with Republic Act No.
Section 16. Oath.
8981, otherwise known as the "PRC Modernization Act of 2000."
Section 13. Qualifications for Admission to the Licensure Examination. All successful candidates in the examination shall be required to take an oath of
profession before the Board or any government official authorized to administer oaths prior to
In order to be admitted to the examination for nurses, an applicant must, at the time of entering upon the nursing practice.
filing his/her application, establish to the satisfaction of the Board that:
(a) He/she is a citizen of the Philippines, or a citizen or subject of a country which permits
Filipino nurses to practice within its territorial limits on the same basis as the subject or citizen
Section 17. Issuance of Certificate of Registration/Professional License and
of such country: Provided, That the requirements for the registration or licensing of nurses in
said country are substantially the same as those prescribed in this Act; Professional Identification Card.
Applicants for licensure and for registration shall pay the prescribed fees set by
Commission.
Section 15. Ratings.
In order to pass the examination, an examinee must obtain a general average of at least Section 19. Automatic Registration of Nurses.
seventy-five percent (75%) with a rating of not below sixty percent (60%) in any subject. An
examinee who obtains an average rating of seventy-five percent (75%) or higher but gets a All nurses whose names appear at the roster of nurses shall be automatically or ipso facto
rating below sixty percent (60%) in any subject must take the examination again but only in registered as nurses under this Act upon its effectivity.
the subject or subjects where he/she is rated below sixty percent (60%). In order to pass the
succeeding examination, an examinee must obtain a rating of at least seventy-five percent Section 20. Registration by Reciprocity.
(75%) in the subject or subjects repeated.
A certificate of registration/professional license may be issued without examination to nurses
registered under the laws of a foreign state or country: Provided, That the requirements for
registration or licensing of nurses in said country are substantially the same as those
prescribed under this Act: Provided, further, That the laws of such state or country grant the
7 same privileges to registered nurses of the Philippines on the same basis as the subjects or
citizens of such foreign state or country.
(a) Licensed nurses from foreign countries/states whose service are either for a fee Section 23. Revocation and suspension of Certificate of
or free if they are internationally well-known specialists or outstanding experts in Registration/Professional License and Cancellation of Special/Temporary
any branch or specialty of nursing; Permit.
(b) Licensed nurses from foreign countries/states on medical mission whose The Board shall have the power to revoke or suspend the certificate of
services shall be free in a particular hospital, center or clinic; and registration/professional license or cancel the special/temporary permit of a nurse upon any of
the following grounds:
(c) Licensed nurses from foreign countries/states employed by
schools/colleges of nursing as exchange professors in a branch or (a) For any of the causes mentioned in the preceding section;
specialty of nursing; Provided, however, That the special/temporary permit
(b) For unprofessional and unethical conduct;
shall be effective only for the duration of the project, medical mission or
employment contract. (c) For gross incompetence or serious ignorance;
Section 22. Non-registration and Non-issuance of Certificates of (e) For the use of fraud, deceit, or false statements in obtaining a certificate of
Registration/Professional License or Special/Temporary Permit. registration/professional license or a temporary/special permit;
(f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical
No person convicted by final judgment of any criminal offense involving moral standards for nursing practice, policies of the Board and the Commission, or the conditions
turpitude or any person guilty of immoral or dishonorable conduct or any person and limitations for the issuance of the temporarily/special permit; or
declared by the court to be of unsound mind shall be registered and be issued a
certificate of registration/professional license or a special/temporary permit. The (g) For practicing his/her profession during his/her suspension from such practice; Provided,
Board shall furnish the applicant a written statement setting forth the reasons for its however, That the suspension of the certificate of registration/professional license shall be for
actions, which shall be incorporated in the records of the Board. a period not to exceed four (4) years.
The Board may, after the expiration of a maximum of four (4) years from the date of
revocation of a certificate, for reasons of equity and justice and when the cause for revocation
has disappeared or has been cured and corrected, upon proper application therefor and the
payment of the required fees, issue another copy of the certificate of registration/professional
license. A new certificate of registration/professional license to replace the certificate that has
9 been lost, destroyed or mutilated may be issued, subject to the rules of the Board.
ARTICLE V
Nursing Education 10
Section 25. Nursing Education Program.
ARTICLE VI
The nursing education program shall provide sound general and professional foundation for
the practice of nursing. The learning experiences shall adhere strictly to specific requirements Nursing Practice
embodied in the prescribed curriculum as promulgated by the Commission on Higher
Education's policies and standards of nursing education.
Section 28. Scope of Nursing.
Section 26. Requirement for Inactive Nurses Returning to Practice.
Nurses who have not actively practiced the profession for five (5) consecutive years are A person shall be deemed to be practicing nursing within the meaning of this Act when
required to undergo one (1) month of didactic training and three (3) months of practicum. The he/she singly or in collaboration with another, initiates and performs nursing services to
Board shall accredit hospitals to conduct the said training program. individuals, families and communities in any health care setting. It includes, but not limited to,
nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school
Section 27. Qualifications of the Faculty. age, adolescence, adulthood, and old age. As independent practitioners, nurses are primarily
responsible for the promotion of health and prevention of illness. A members of the health
team, nurses shall collaborate with other health care providers for the curative, preventive,
A member of the faculty in a college of nursing teaching professional courses must: and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when
recovery is not possible, towards a peaceful death. It shall be the duty of the nurse to:
(a) Be a registered nurse in the Philippines;
(a) Provide nursing care through the utilization of the nursing process. Nursing care includes,
(b) Have at least one (1) year of clinical practice in a field of specialization; but not limited to, traditional and innovative approaches, therapeutic use of self, executing
health care techniques and procedures, essential primary health care, comfort measures,
(c) Be a member of good standing in the accredited professional organization of nurses; and health teachings, and administration of written prescription for treatment, therapies, oral
topical and parenteral medications, internal examination during labor in the absence of
(d) Be a holder of a master's degree in nursing, education, or other allied medical and health antenatal bleeding and delivery. In case of suturing of perineal laceration, special training shall
sciences conferred by a college or university duly recognized by the Government of the be provided according to protocol established;
Republic of the Philippines. In addition to the aforementioned qualifications, the dean of a
college must have a master's degree in nursing. He/she must have at least five (5) years of (b) establish linkages with community resources and coordination with the health team;
experience in nursing.
(c) Provide health education to individuals, families and communities;
(d) Teach, guide and supervise students in nursing education programs including the
administration of nursing services in varied settings such as hospitals and clinics;
undertake consultation services; engage in such activities that require the utilization
of knowledge and decision-making skills of a registered nurse; and
(e) Undertake nursing and health human resource development training and research, which
shall include, but not limited to, the development of advance nursing practice; Provided, That
this section shall not apply to nursing students who perform nursing functions under the direct
supervision of a qualified faculty: Provided, further, That in the practice of nursing in all
11 settings, the nurse is duty-bound to observe the Code of Ethics for nurses and uphold the
standards of safe nursing practice. The nurse is required to maintain competence by continual
learning through continuing professional education to be provided by the accredited
professional organization or any recognized professional nursing organization: Provided,
finally, That the program and activity for the continuing professional education shall be
submitted to and approved by the Board.
ARTICLE VII
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Health Human Resources Production, Utilization
and Development
The Board, in coordination with the accredited professional organization and appropriate Section 29. Qualification of Nursing Service Administrators.
government or private agencies shall initiate undertake and conduct studies on health human
resources production, utilization and development. A person occupying supervisory or managerial positions requiring knowledge of nursing must:
Section 31. Comprehensive Nursing Specialty Program. (b) Have at least two (2) years experience in general nursing service administration;
(c) Possess a degree of Bachelors of Science in Nursing, with at least nine (9) units in
Within ninety (90) days from the effectivity of this Act, the Board in coordination with the management and administration courses at the graduate level; and
accredited professional organization recognized specialty organizations and the Department
of Health is hereby mandated to formulate and develop a comprehensive nursing specialty (d) Be a member of good standing of the accredited professional organization of nurses;
program that would upgrade the level of skill and competence of specialty nurse clinicians in Provided, That a person occupying the position of chief nurse or director of nursing service
the country, such as but not limited to the areas of critical care, oncology, renal and such other shall, in addition to the foregoing qualifications, possess:
areas as may be determined by the Board. The beneficiaries of this program are obliged to
serve in any Philippine hospital for a period of at least two (2) years and continuous service. (1) At least five (5) years of experience in a supervisory or managerial position in nursing; and
(2) A master's degree major in nursing; Provided, further, That for primary hospitals, the
Section 32. Salary. maximum academic qualifications and experiences for a chief nurse shall be as specified in
subsections (a), (b), and (c) of this section: Provided, furthermore, That for chief nurses in the
In order to enhance the general welfare, commitment to service and professionalism of public health nursing shall be given priority. Provided, even further, That for chief nurses in
nurses the minimum base pay of nurses working in the public health institutions shall not be military hospitals, priority shall be given to those who have finished a master's degree in
lower than salary grade 15 prescribes under Republic Act No. 6758, otherwise known as the nursing and the completion of the General Staff Course (GSC): Provided, finally, That those
"Compensation and Classification Act of 1989": Provided, That for nurses working in local occupying such positions before the effectivity of this Act shall be given a period of five (5)
government units, adjustments to their salaries shall be in accordance with Section 10 of the years within which to qualify.
said law.
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ARTICLE VIII
A fine of not less than Fifty thousand pesos (P50,000.00) nor more than One hundred
thousand pesos (P100,000.00) or imprisonment of not less than one (1) year nor more than
six (6) years, or both, upon the discretion of the court, shall be imposed upon:
(a) any person practicing nursing in the Philippines within the meaning of
this Act:
(5) who falsely poses or advertises as a registered and licensed nurse or uses any other
means that tend to convey the impression that he/she is a registered and licensed nurse; or Section 34. Incentives and Benefits.
6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar The Board of Nursing, in coordination with the Department of Health and other concerned
appendage to his/her name without having been coferred said degree or registration; or government agencies, association of hospitals and the accredited professional organization
(7) who, as a registered and licensed nurse, abets or assists the illegal practice of a person shall establish an incentive and benefit system in the form of free hospital care for nurses and
who is not lawfully qualified to practice nursing. their dependents, scholarship grants and other non-cash benefits. The government and
private hospitals are hereby mandated to maintain the standard nurse-patient ratio set by the
(b) any person or the chief executive officer of a judicial entity who Department of Health.
undertakes in-service educational programs or who conducts review
classes for both local and foreign examination without permit/clearance
from the Board and the Commission; or
(c) any person or employer of nurses who violate the minimum base pay
of nurses and the incentives and benefits that should be accorded them as
specified in Sections 32 and 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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ARTICLE IX
Final Provisions
Within ninety (90) days after the effectivity of this Act, the Board and the Commission, in The Philippine Nursing Act of 2002 – R.A. 9173 was approved on October 21, 2002 by
coordination with the accredited professional organization, the Department of Health, the President Gloria Macapagal-Arroyo
Department of Budget and Management and other concerned government agencies, shall
formulate such rules and regulations necessary to carry out the provisions of this Act. The
implementing rules and regulations shall be published in the Official Gazette or in any Repealed
newspaper of general circulation.
Philippine Nursing Act of 1991 – R.A. 7164
Section 39. Reparability Clause.
Provisions that where retained and enriched
If any part of this Act is declared unconstitutional, the remaining parts not affected thereby
shall continue to be valid and operational.
• Creation and Composition of BON
Section 40. Repealing Clause.
• Retained Procedure on nominations, recommendation, and appointment
Republic Act No. 7164, otherwise known as the "Philippine Nursing Act of 1991" is hereby of Chairman and members. Philippine Nurses Association (PNA)
repealed. All other laws, decrees, orders, circulars, issuances, rules and regulations and parts nominates the chairman and members while the President appoints.
thereof which are inconsistent with this Act are hereby repealed, amended or modified
• Enriched Composition of the board. In R.A. 7164 there were only 5
accordingly.
Members while in the R.A. 9173 there is 1 Chairman and 6 members.
Section 41. Effectivity. • 2006 Chairman of the Board of Nursing Honorable Carmencita Abaquin
• Members of the Board of Nursing Honorable Perla Co, Honorable Betty
This act shall take effect fifteen (15) days upon its publication in the Official Gazette or in any Meritt, Honorable Marco Antonio Sto. Tomas, Honorable Leonila Faire,
two (2) newspapers of general circulation in the Philippines. Honorable Yolanda Arugay, Honorable Amelia Rosales
In R.A. 7164, if the exam was taken for 3 times without passing,
a refresher course is required. While in R.A. 9173, the taker 18
could have the exam countless times without a refresher
course.
Approved,
• Addition of a section: Requirements for nurses who have
not actively practiced for 5 consecutive years.
FRANKLIN DRILON
1 month didactic program and 3 months practicum in any President of the Senate
hospital accredited to conduct continuing education units
JOSE DE VENECIA JR.
Speaker of the House of Representatives
• Provision of time frame within which a nurse with a revoked
Certificate of Regulation (COR) may seek re-issuance of
another Certificate of Regulation/ID card not exceeding 4 This Act, which originated in the House of Representative was finally passed by the House of
years. Representatives and the Senate on October 15, 2002 and October 8, 2003 respectively.
• Revision on the qualifications of the faculty and dean of the OSCAR G. YABES
College of Nursing. Secretary of Senate
ROBERTO P. NAZARENO
• Simplification but comprehensiveness in the scope of Secretary General House of Represenatives
nursing practice.
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• Increase of the minimum and maximum fine for those in
violation of any of the provision of this act.
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