LECTURE NOTES: RA 9173 Page 1 Lecturer: Mr.

Nickson Vargas, RN, MAN

Republic Act No. 9173 October 21, 2002
That the last five (5) years of which shall be in the
AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING Philippines; and
PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC ACT
NO. 7164, OTHERWISE KNOWN AS "THE PHILIPPINE NURSING
(e) Not have been convicted of any offense involving moral
ACT OF 1991" AND FOR OTHER PURPOSES
turpitude; Provided, That the membership to the Board
shall represent the three (3) areas of nursing, namely:
Be it enacted by the Senate and the House of Representatives of the nursing education, nursing service and community health
Philippines in Congress assembled: nursing.

ARTICLE I Section 5. Requirements Upon Qualification as Member of the

Board of Nursing. - Any person appointed as Chairperson or Member
of the Board shall immediately resign from any teaching position in
Title
any school, college, university or institution offering Bachelor of
Science in Nursing and/or review program for the local nursing board
Section 1. Title. - This Act shall be known as the "Philippine examinations or in any office or employment in the government or
Nursing Act of 2002." any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries as
well as these employed in the private sector. He/she shall not have
ARTICLE II any pecuniary interest in or administrative supervision over any
institution offering Bachelor of Science in Nursing including review
Declaration of Policy classes.

Section 2. Declaration of Policy. � It is hereby declared the policy of Section 6. Term of Office.. - The Chairperson and Members of the
the State to assume responsibility for the protection and Board shall hold office for a term of three (3) years and until their
improvement of the nursing profession by instituting measures that successors shall have been appointed and qualified: Provided, That
will result in relevant nursing education, humane working conditions, the Chairperson and members of the Board may be re-appointed for
better career prospects and a dignified existence for our nurses. another term.

The State hereby guarantees the delivery of quality basic health Any vacancy in the Board occurring within the term of a Member
services through an adequate nursing personnel system throughout shall be filled for the unexpired portion of the term only. Each
the country. Member of the Board shall take the proper oath of office prior to the
performance of his/her duties.
ARTICLE III
The incumbent Chairperson and Members of the Board shall
continue to serve for the remainder of their term under Republic Act
Organization of the Board of Nursing No. 7164 until their replacements have been appointed by the
President and shall have been duly qualified.
Section 3. Creation and Composition of the Board. - There shall be
created a Professional Regulatory Board of Nursing, hereinafter Section 7. Compensation of the Board Members. - The Chairperson
referred to as the Board, to be composed of a Chairperson and six and Members of the Board shall receive compensation and
(6) members. They shall be appointed by the president of the allowances comparable to the compensation and allowances
Republic of the Philippines from among two (2) recommendees, per received by the Chairperson and members of other professional
vacancy, of the Professional Regulation Commission, hereinafter regulatory boards.
referred to as the Commission, chosen and ranked from a list of
three (3) nominees, per vacancy, of the accredited professional
organization of nurses in the Philippines who possess the Section 8. Administrative Supervision of the Board, Custodian of its
qualifications prescribed in Section 4 of this Act. Records, Secretariat and Support Services. - The Board shall be
under the administrative supervision of the Commission. All records
of the Board, including applications for examinations, administrative
Section 4. Qualifications of the Chairperson and Members of the and other investigative cases conducted by the Board shall be under
Board. - The Chairperson and Members of the Board shall, at the the custody of the Commission. The Commission shall designate the
time of their appointment, possess the following qualifications: Secretary of the Board and shall provide the secretariat and other
support services to implement the provisions of this Act.
(a) Be a natural born citizen and resident of the
Philippines; Section 9. Powers and Duties of the Board. - The Board shall
supervise and regulate the practice of the nursing profession and
(b) Be a member of good standing of the accredited shall have the following powers, duties and functions:
professional organization of nurses;
(a) Conduct the licensure examination for nurses;
(c) Be a registered nurse and holder of a master's degree
in nursing, education or other allied medical profession (b) Issue, suspend or revoke certificates of registration for
conferred by a college or university duly recognized by the the practice of nursing;
Government: 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 (c) Monitor and enforce quality standards of nursing
holder of a master's degree in nursing; practice in the Philippines and exercise the powers
necessary to ensure the maintenance of efficient, ethical
and technical, moral and professional standards in the
(d) Have at least ten (10) years of continuous practice of practice of nursing taking into account the health needs of
the profession prior to appointment: Provided, however,
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the nation; accordance with Republic Act No. 8981, otherwise known as the
"PRC Modernization Act of 2000."
(d) Ensure quality nursing education by examining the
prescribed facilities of universities or colleges of nursing or Section 13. Qualifications for Admission to the Licensure
departments of nursing education and those seeking Examination. - In order to be admitted to the examination for nurses,
permission to open nursing courses to ensure that an applicant must, at the time of filing his/her application, establish to
standards of nursing education are properly complied with the satisfaction of the Board that:
and maintained at all times. The authority to open and
close colleges of nursing and/or nursing education
(a) He/she is a citizen of the Philippines, or a citizen or
programs shall be vested on the Commission on Higher
subject of a country which permits Filipino nurses to
Education upon the written recommendation of the Board;
practice within its territorial limits on the same basis as the
subject or citizen of such country: Provided, That the
(e) Conduct hearings and investigations to resolve requirements for the registration or licensing of nurses in
complaints against nurse practitioners for unethical and said country are substantially the same as those
unprofessional conduct and violations of this Act, or its prescribed in this Act;
rules and regulations and in connection therewith, issue
subpoena ad testificandum and subpoena duces tecum to
(b) He/she is of good moral character; and
secure the appearance of respondents and witnesses and
the production of documents and punish with contempt
persons obstructing, impeding and/or otherwise (c) He/she is a holder of a Bachelor's Degree in Nursing
interfeming with the conduct of such proceedings, upon from a college or university that complies with the
application with the court; standards of nursing education duly recognized by the
proper government agency.
(f) Promulgate a Code of Ethics in coordination and
consultation with the accredited professional organization Section 14. Scope of Examination. - The scope of the examination
of nurses within one (1) year from the effectivity of this Act; for the practice of nursing in the Philippines shall be determined by
the Board. The Board shall take into consideration the objectives of
the nursing curriculum, the broad areas of nursing, and other related
(g) Recognize nursing specialty organizations in
disciplines and competencies in determining the subjects of
coordination with the accredited professional organization;
examinations.
and

Section 15. Ratings. - In order to pass the examination, an

(h) Prescribe, adopt issue and promulgate guidelines,
examinee must obtain a general average of at least seventy-five
regulations, measures and decisions as may be necessary
percent (785%) with a rating of not below sixty percent (60%) in any
for the improvements of the nursing practice, advancement
subject. An examinee who obtains an average rating of seventy-five
of the profession and for the proper and full enforcement of
percent (75%) or higher but gets a rating below sixty percent (60%)
this Act subject to the review and approval by the
in any subject must take the examination again but only in the
Commission.
subject or subjects where he/she is rated below sixty percent (60%).
In order to pass the succeeding examination, an examinee must
Section 10. Annual Report. - The Board shall at the close of its obtain a rating of at least seventy-five percent (75%) in the subject or
calendar year submit an annual report to the President of the subjects repeated.
Philippines through the Commission giving a detailed account of its
proceedings and the accomplishments during the year and making
Section 16. Oath. - All successful candidates in the examination
recommendations for the adoption of measures that will upgrade and
shall be required to take an oath of profession before the Board or
improve the conditions affecting the practice of the nursing
any government official authorized to administer oaths prior to
profession.
entering upon the nursing practice.

Section 11. Removal or Suspension of Board Members. - The

Section 17. Issuance of Certificate of Registration/Professional
president may remove or suspend any member of the Board after
License and Professional Identification Card. - A certificate of
having been given the opportunity to defend himself/herself in a
registration/professional license as a nurse shall be issued to an
proper administrative investigation, on the following grounds;
applicant who passes the examination upon payment of the
prescribed fees. Every certificate of registration/professional license
(a) Continued neglect of duty or incompetence; shall show the full name of the registrant, the serial number, the
signature of the Chairperson of the Commission and of the Members
of the Board, and the official seal of the Commission.
(b) Commission or toleration of irregularities in the
licensure examination; and
A professional identification card, duly signed by the Chairperson of
the Commission, bearing the date of registration, license number,
(c) Unprofessional immoral or dishonorable conduct.
and the date of issuance and expiration thereof shall likewise be
issued to every registrant upon payment of the required fees.
ARTICLE IV
Section 18. Fees for Examination and Registration. - Applicants for
Examination and Registration licensure and for registration shall pay the prescribed fees set by
Commission.
Section 12. Licensure Examination. - All applicants for license to
practice nursing shall be required to pass a written examination, Section 19. Automatic Registration of Nurses. - All nurses whose
which shall be given by the Board in such places and dates as may names appear at the roster of nurses shall be automatically or ipso
be designated by the Commission: Provided, That it shall be in

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 LECTURE NOTES: RA 9173 Page 3 Lecturer: Mr. Nickson Vargas, RN, MAN

facto registered as nurses under this Act upon its effectivity. a temporary/special permit;

Section 20. Registration by Reciprocity. - A certificate of (f) For violation of this Act, the rules and regulations, Code
registration/professional license may be issued without examination of Ethics for nurses and technical standards for nursing
to nurses registered under the laws of a foreign state or country: practice, policies of the Board and the Commission, or the
Provided, That the requirements for registration or licensing of conditions and limitations for the issuance of the
nurses in said country are substantially the same as those prescribed temporarily/special permit; or
under this Act: Provided, further, That the laws of such state or
country grant the same privileges to registered nurses of the
(g) For practicing his/her profession during his/her
Philippines on the same basis as the subjects or citizens of such
suspension from such practice;
foreign state or country.

Provided, however, That the suspension of the certificate of

Section 21. Practice Through Special/Temporary Permit. - A
registration/professional license shall be for a period not to exceed
special/temporary permit may be issued by the Board to the following
four (4) years.
persons subject to the approval of the Commission and upon
payment of the prescribed fees:
Section 24. Re-issuance of Revoked Certificates and Replacement
of Lost Certificates. - The Board may, after the expiration of a
(a) Licensed nurses from foreign countries/states whose
maximum of four (4) years from the date of revocation of a certificate,
service are either for a fee or free if they are internationally
for reasons of equity and justice and when the cause for revocation
well-known specialists or outstanding experts in any
has disappeared or has been cured and corrected, upon proper
branch or specialty of nursing;
application therefor and the payment of the required fees, issue
another copy of the certificate of registration/professional license.
(b) Licensed nurses from foreign countries/states on
medical mission whose services shall be free in a
A new certificate of registration/professional license to replace the
particular hospital, center or clinic; and
certificate that has been lost, destroyed or mutilated may be issued,
subject to the rules of the Board.
(c) Licensed nurses from foreign countries/states
employed by schools/colleges of nursing as exchange
ARTICLE V
professors in a branch or specialty of nursing;

Nursing Education
Provided, however, That the special/temporary permit shall be
effective only for the duration of the project, medical mission or
employment contract. Section 25. Nursing Education Program. - The nursing education
program shall provide sound general and professional foundation for
the practice of nursing.
Section 22. Non-registration and Non-issuance of Certificates of
Registration/Professional License or Special/Temporary Permit. - No
person convicted by final judgment of any criminal offense involving The learning experiences shall adhere strictly to specific
moral turpitude or any person guilty of immoral or dishonorable requirements embodied in the prescribed curriculum as promulgated
conduct or any person declared by the court to be of unsound mind by the Commission on Higher Education's policies and standards of
shall be registered and be issued a certificate of nursing education.
registration/professional license or a special/temporary permit.
Section 26. Requirement for Inactive Nurses Returning to Practice. -
The Board shall furnish the applicant a written statement setting forth Nurses who have not actively practiced the profession for five (5)
the reasons for its actions, which shall be incorporated in the records consecutive years are required to undergo one (1) month of didactic
of the Board. training and three (3) months of practicum. The Board shall accredit
hospitals to conduct the said training program.
Section 23. Revocation and suspension of Certificate of
Registration/Professional License and Cancellation of Section 27. Qualifications of the Faculty. - A member of the faculty in
Special/Temporary Permit. - The Board shall have the power to a college of nursing teaching professional courses must:
revoke or suspend the certificate of registration/professional license
or cancel the special/temporary permit of a nurse upon any of the
(a) Be a registered nurse in the Philippines;
following grounds:

(b) Have at least one (1) year of clinical practice in a field

(a) For any of the causes mentioned in the preceding
of specialization;
section;

(c) Be a member of good standing in the accredited

(b) For unprofessional and unethical conduct;
professional organization of nurses; and

(c) For gross incompetence or serious ignorance;

(d) Be a holder of a master's degree in nursing, education,
or other allied medical and health sciences conferred by a
(d) For malpractice or negligence in the practice of nursing; college or university duly recognized by the Government of
the Republic of the Philippines.
(e) For the use of fraud, deceit, or false statements in
obtaining a certificate of registration/professional license or 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 experience in
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 LECTURE NOTES: RA 9173 Page 4 Lecturer: Mr. Nickson Vargas, RN, MAN

nursing. (a) Be a registered nurse in the Philippines;

ARTICLE VI (b) Have at least two (2) years experience in general

nursing service administration;
Nursing Practice
(c) Possess a degree of Bachelors of Science in Nursing,
with at least nine (9) units in management and
Section 28. Scope of Nursing. - A person shall be deemed to be
administration courses at the graduate level; and
practicing 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 health care (d) Be a member of good standing of the accredited
setting. It includes, but not limited to, nursing care during conception, professional organization of nurses;
labor, delivery, infancy, childhood, toddler, preschool, school age,
adolescence, adulthood, and old age. As independent practitioners,
Provided, That a person occupying the position of chief nurse or
nurses are primarily responsible for the promotion of health and
director of nursing service shall, in addition to the foregoing
prevention of illness. A members of the health team, nurses shall
qualifications, possess:
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 (1) At least five (5) years of experience in a supervisory or
peaceful death. It shall be the duty of the nurse to: managerial position in nursing; and

(a) Provide nursing care through the utilization of the (2) A master's degree major in nursing;
nursing process. Nursing care includes, but not limited to,
traditional and innovative approaches, therapeutic use of
Provided, further, That for primary hospitals, the maximum academic
self, executing health care techniques and procedures,
qualifications and experiences for a chief nurse shall be as specified
essential primary health care, comfort measures, health
in subsections (a), (b), and (c) of this section: Provided, furthermore,
teachings, and administration of written prescription for
That for chief nurses in the public health nursing shall be given
treatment, therapies, oral topical and parenteral
priority. Provided, even further, That for chief nurses in military
medications, internal examination during labor in the
hospitals, priority shall be given to those who have finished a
absence of antenatal bleeding and delivery. In case of
master's degree in nursing and the completion of the General Staff
suturing of perineal laceration, special training shall be
Course (GSC): Provided, finally, That those occupying such positions
provided according to protocol established;
before the effectivity of this Act shall be given a period of five (5)
years within which to qualify.
(b) establish linkages with community resources and
coordination with the health team;
ARTICLE VII

(c) Provide health education to individuals, families and

Health Human Resources Production, Utilization and
communities;
Development

(d) Teach, guide and supervise students in nursing

Section 30. Studies for Nursing Manpower Needs, Production,
education programs including the administration of nursing
Utilization and Development. - The Board, in coordination with the
services in varied settings such as hospitals and clinics;
accredited professional organization and appropriate government or
undertake consultation services; engage in such activities
private agencies shall initiate undertake and conduct studies on
that require the utilization of knowledge and decision-
health human resources production, utilization and development.
making skills of a registered nurse; and

Section 31. Comprehensive Nursing Specialty Program. - Within

(e) Undertake nursing and health human resource
ninety (90) days from the effectivity of this Act, the Board in
development training and research, which shall include,
coordination with the accredited professional organization recognized
but not limited to, the development of advance nursing
specialty organizations and the Department of Health is hereby
practice;
mandated to formulate and develop a comprehensive nursing
specialty program that would upgrade the level of skill and
Provided, That this section shall not apply to nursing students who competence of specialty nurse clinicians in the country, such as but
perform nursing functions under the direct supervision of a qualified not limited to the areas of critical care, oncology, renal and such
faculty: Provided, further, That in the practice of nursing in all other areas as may be determined by the Board.
settings, the nurse is duty-bound to observe the Code of Ethics for
nurses and uphold the standards of safe nursing practice. The nurse
The beneficiaries of this program are obliged to serve in any
is required to maintain competence by continual learning through
Philippine hospital for a period of at least two (2) years and
continuing professional education to be provided by the accredited
continuous service.
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 Section 32. Salary. - In order to enhance the general welfare,
approved by the Board. commitment to service and professionalism of nurses the minimum
base pay of nurses working in the public health institutions shall not
be lower than salary grade 15 prescribes under Republic Act No.
Section 29. Qualification of Nursing Service Administrators. - A
6758, otherwise known as the "Compensation and Classification Act
person occupying supervisory or managerial positions requiring
of 1989": Provided, That for nurses working in local government
knowledge of nursing must:
units, adjustments to their salaries shall be in accordance with
Section 10 of the said law.

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Section 33. Funding for the Comprehensive Nursing Specialty abets or assists the illegal practice of a person
Program. - The annual financial requirement needed to train at least who is not lawfully qualified to practice nursing.
ten percent (10%) of the nursing staff of the participating government
hospital shall be chargeable against the income of the Philippine
(b) any person or the chief executive officer of a judicial
Charity Sweepstakes Office and the Philippine Amusement and
entity who undertakes in-service educational programs or
Gaming Corporation, which shall equally share in the costs and shall
who conducts review classes for both local and foreign
be released to the Department of Health subject to accounting and
examination without permit/clearance from the Board and
auditing procedures: Provided, That the department of Health shall
the Commission; or
set the criteria for the availment of this program.

(c) any person or employer of nurses who violate the

Section 34. Incentives and Benefits. - The Board of Nursing, in
minimum base pay of nurses and the incentives and
coordination with the Department of Health and other concerned
benefits that should be accorded them as specified in
government agencies, association of hospitals and the accredited
Sections 32 and 34; or
professional organization shall establish an incentive and benefit
system in the form of free hospital care for nurses and their
dependents, scholarship grants and other non-cash benefits. The (d) any person or the chief executive officer of a juridical
government and private hospitals are hereby mandated to maintain entity violating any provision of this Act and its rules and
the standard nurse-patient ratio set by the Department of Health. regulations.

ARTICLE VIII ARTICLE IX

Penal and Miscellaneous Provisions Final Provisions

Section 35. Prohibitions in the Practice of Nursing. - A fine of not Section 36. Enforcement of this Act. - It shall be the primary duty of
less than Fifty thousand pesos (P50,000.00) nor more than One the Commission and the Board to effectively implement this Act. Any
hundred thousand pesos (P100,000.00) or imprisonment of not less duly law enforcement agencies and officers of national, provincial,
than one (1) year nor more than six (6) years, or both, upon the city or municipal governments shall, upon the call or request of the
discretion of the court, shall be imposed upon: Commission or the Board, render assistance in enforcing the
provisions of this Act and to prosecute any persons violating the
same.
(a) any person practicing nursing in the Philippines within
the meaning of this Act:
Section 37. Appropriations. - The Chairperson of the Professional
Regulation Commission shall immediately include in its program and
(1) without a certificate of
issue such rules and regulations to implement the provisions of this
registration/professional license and professional
Act, the funding of which shall be included in the Annual General
identification card or special temporary permit or
Appropriations Act.
without having been declared exempt from
examination in accordance with the provision of
this Act; or Section 38. Rules and Regulations. - Within ninety (90) days after
the effectivity of this Act, the Board and the Commission, in
coordination with the accredited professional organization, the
(2) who uses as his/her own certificate of
Department of Health, the Department of Budget and Management
registration/professional license and professional
and other concerned government agencies, shall formulate such
identification card or special temporary permit of
rules and regulations necessary to carry out the provisions of this
another; or
Act. The implementing rules and regulations shall be published in the
Official Gazette or in any newspaper of general circulation.
(3) who uses an invalid certificate of
registration/professional license, a suspended or
Section 39. Reparability Clause. - If any part of this Act is declared
revoked certificate of registration/professional
unconstitutional, the remaining parts not affected thereby shall
license, or an expired or cancelled
continue to be valid and operational.
special/temporary permits; or

Section 40. Repealing Clause. - Republic Act No. 7164, otherwise

(4) who gives any false evidence to the Board in
known as the "Philippine Nursing Act of 1991" is hereby repealed. All
order to obtain a certificate of
other laws, decrees, orders, circulars, issuances, rules and
registration/professional license, a professional
regulations and parts thereof which are inconsistent with this Act are
identification card or special permit; or
hereby repealed, amended or modified accordingly.

(5) who falsely poses or advertises as a

Section 41. Effectivity. - This act shall take effect fifteen (15) days
registered and licensed nurse or uses any other
upon its publication in the Official Gazette or in any two (2)
means that tend to convey the impression that
newspapers of general circulation in the Philippines.
he/she is a registered and licensed nurse; or

Sources:
(6) who appends B.S.N./R.N. (Bachelor of
http://www.lawphil.net/statutes/repacts/ra2002/ra_9173_2002.html
Science in Nursing/Registered Nurse) or any
http://www.prc.gov.ph/documents/NURSING%20LAW.PDF
similar appendage to his/her name without
having been coferred said degree or registration;
or

(7) who, as a registered and licensed nurse,

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