REPUBLIC ACT 9173

Aims:

To provide a sound general and professional foundation for the practice of nursing through quality nursing education.

Republic Act No.9173,otherwise known as the “Philippine Nursing Act of 2002”’ which was approved on October 21,2002.

Republic Act 9173- Change in the Philippine Nursing Act 2002 from R.A. 7164, the Philippine Nursing Act of 1998, taken from the Implementing Rules and regulations of RA 9173.

Two – fold state policy for the nursing profession.

1. The state responsibility- pertains to the government’s responsibility to protect and improve the nursing profession through the institution of measures for the attainment of the following:

la. Relevant nursing education

b. Humane working conditions

c. Better career prospects

d. Dignified existence of the Filipino nurses

2. The state guarantee- is the government’s commitment to deliver quality health care services by providing adequate nursing personnel throughout the country (Sec.2,Art II,R.A. No.9173)

With the passage of this new law in nursing, the government affirms the State policy to make education accessible to all, apart from its commitment to provide quality education, deliver quality health care, and support the advancement of the nursing practice.

Republic Act 9173 (Philippine Nursing Act of 2002) empowers the PRC-Board of Nursing to revoke or suspend the certificate of registration/professional license or cancel the special/temporary permit of a nurse.

Prohibited Acts

a. Causes mentioned in the preceding section on practice through special/temporary permit

b. Unprofessional and unethical conduct

c. Gross incompetence or serious ignorance

d. Malpractice or negligence in the practice of nursing

e. Use of fraud deceit, or false statements in obtaining a certificate of registration/professional license or a temporary special permit

f. Violation of this Act, rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or temporary/special permit.

g. Practicing his/her profession during his/her suspension from such practice.

Implementing Rules and Regulations of RA 9173

1.Composition of the Board of Nursing- The Board is now composed of a Chairman and six (6) members instead of a Chairman and four (4) members.

2. Submission of names of qualified nominees by the Accredited Professional Organization (APO) to the Commission, three (3) nominees per vacancy, not later than three months before the vacancy.

3. The Commission submits to the office of the President two (2) nominees per vacancy not later than two months before the vacancy occurs. The appointment must be issued not later than thirty (30) days before the scheduled licensure examination.

4. Qualifications of Board Members

4.1 Educational requirement for members of the Board is not limited to registered nurses with Master’s degree in nursing but also to registered nurses with master’s degrees in education, or other allied medical profession provided that the Chairperson and majority of the members are holders of a Master’s degree in nursing.

4.2 Of the ten years of continuous practice of the profession prior to appointment, the last five (5) years must be in the Philippines. This was not specified in RA 7164.

4.3 The section that states that the Board member must not be a green card holder (Art III Sec. 5 R.A. 7164) does not appear in the new law.

5.Powers and Duties of the Board, Art. II Sec. 11 added:5.1 Adopt and regulate a Code of Ethics and Code of Technical Standards for the practice of nursing within one year from the effectivity of this Act.5.2 Recognize specially organizations in coordination with accredited professional organization.

6. Licensure Examination and Registration6.1 Specific Dates of examination has been deleted. (RA 7164 Sec. 14) Specific dates of examination- not earlier than one month (1) month and not later than two months after the closing of each semestral term6.2 Specific age of applicants to take the examination to be at least eighteen years (18) of age has been deleted. (RA 7164 Sec. 13b)

7. Ratings, Sec 15 RA 9173

7.1 Specific number of times an examinee may take the licensure examination has been deleted (RA 7164 Sec.16 3rd paragraph)

7.2 Added: Removal examinations shall be taken within two (2) years after the last failed examination.

8. Revocation and Suspension of Certificate of Registration

8.1 Added: Sec. 25 for violation of RA 9173, the Implementing Rules and Regulations, the Code of Ethics, the Code of the Technical Standards, for Nursing practice, and policies of the Board and of the Commission.

8.2 Sec 28g. Added: For practicing the profession during the period of suspension

8.3 Period of suspension of the certificate of registration/professional license not to exceed four (4) years.

9. Rule IV, Nursing Education

9.1 Sec.26, Rule 1-Added: requirement for inactive nurses returning to practice-Nurses who have not actively practiced the profession shall undergo one (month) of didactic training and three (3) months of practicum

9.2 Sec.27, Qualifications of Faculty-Requirement of clinical experience in a field of specification has been reduced from three (3) years to one (1) year in a field of specialization.

9 .3 The Dean of the College of Nursing must have at least five (5) years of experience in teaching and supervising a nursing education program. Note: An increase from three (3) years as specified in RA 7164

10. Rule V, Nursing Practice10.1 Scope of Nursing- Duties and Responsibilities

of the Nurse:a. Deleted: Special training in intravenous

injectionsNote: Nursing Service Administrators still require

formal training in this aspect for the safety of the patient, and the protection of the nurse and of the agency/institutions where the patient is being treated or confined.

b. Added: Special training for suturing the Lacerated Perineum

Note: This is being undertaken by the Association of Nursing Service Administrators of the Philippines (ANSAP) with the Maternal and Child Association of the Philippines (MCNAP).

c. Added: Observe the Code of Ethics and the Code of Technical Standards

Maintain competence through continual professional education.

10.2 Qualification of Nursing Service Administrators.

a.Sec.30. Priority in Appointment

a.1 For appointment as Chief Nurse in a Public Health Agency, priority shall be given to those who have Master’s degree on Public Health/Community Nursing.

a.2 For appointment as Chief Nurse in Military Hospitals, priority shall be given to those who have a Master’s Degree in Nursing and completion of a General Staff Course (GSC).

11. Rule VI, Health Human Resource Production and Utilization Additions:11.1 Sec.32. Comprehensive Nursing Specialty Program. The Board is mandated to formulate and develop a comprehensive nursing specialty program that would upgrade the level of skills and competency of specialty nurse clinicians in the country.

11.2 Sec.33, Salary. Minimum base pay of nurses in public health institutions shall not be lower than the first step or hiring rate prescribed for Salary Grade 15 pursuant to RA 6758, otherwise known as the “Compensation and Classification Act of 1989”. For nurses working in Local Government units, adjustments in salaries shall be in accordance with Sec. 10 of the same Act.

11.3 Sec 34 Funding for the comprehensive Nursing Specialty Program. The annual financial requirement to train at least (10) percent of the nursing staff of the participating hospital shall be chargeable against the incomes of the Philippine charity Sweeptakes.

11.4 Sec. 35. Incentives and Benefits. Incentives and benefits shall be limited to non- cash benefits such as free hospital care for nurse and their dependents, and, and scholarship grants. As part of the improved working condition of nurses, the government and private hospitals are mandated to maintain the standard nurse-patient ratio set by the Department of Health.

12. Rule VII. Penal and Miscellaneous Provisions

12.1 Penalty for violation of this Act in fines has been increased (from not less than ten (10) thousand pesos (10,000) nor more than forty thousand pesos (P40,000) as specified in RA 7164 to not less than fifty thousand pesos (P50,000) nor more than one hundred thousand pesos (P100,000)

Imprisonment of not less than one (1) year nor more than five (5) years reduced from not less than one (1) nor more than six (6) years from RA 7164, or both fine and imprisonment upon the discretion of the Board.

Penalty and fine are not only for those who practice nursing under circumstances prohibited by the Act but also for persons or employers of nurses of judicial entities who undertake review classes for foreign or local examination without permit from the Board; or violate the minimum base pay of nurses, incentives and benefits. Or any provision of this Act as implemented by its IRR.

PRC Resolution No. 2004-17 Series of 2004 re- implemented continuing Professional Education requiring sixty (60) credit units for three years for professionals with bachelor’s degree. Any excess unit earned cannot be carried on the next three –year period except for units earned for doctoral and masteral degrees.33

The total CPE units for registered professionals without baccalaureate degrees shall be thirty (30) units for three (3) years. Any excess shall be not be carried to the next three-year period.