PROFESSIONAL ADJUSTMENT Fourteen recommendations To know laws governing the nursing Will recommend two persons per practice vacant position President-1 per vacancy RA 9173 The President of the Philippines Current Philippine Nursing Law (2002) will sign to appoint An act providing for a more responsive nursing profession Section 4. Qualifications of the This year—2002, is the same year Chairperson of the Members of the Board where there was sudden inflation in Members of the BON should come from the number and demand of nursing diverse fields in nursing personnel in the world All the seven members should not come Repealing for the purpose RA 7164 from the same area, should be a mixture (Philippine Nursing Act of 1991) of the three areas (academe, practice, Repealed: totally changed; Amend: and public health) improved Should represent three areas in nursing Old Nursing Law Nursing Education (Dean, Faculty) ARTICLE I Nursing Service (Chief Nurse, Nurse TITLE Manager) Community Health Nursing (Public Section 1. Title Health) “Philippine Nursing Act of 2002” Qualifications: Board of Nursing ARTICLE II Natural born citizen and resident of DECLARATION OF POLICY the Philippines Should be a resident in the country Section 2. Declaration of Policy because they would work onsite in For the protection and improvement of PRC the nursing profession PRC main office is in Morayta Improvement of education, career A registered nurse in the Philippines prospects of nurses MAN/ MSN/ MAEd, or MA in other allied medical and health sciences ARTICLE III Chairperson: MAN or MSN (should have ORGANIZATION OF THE BOARD OF NURSING a masters in nursing only) Speaks about what they do and what they Members: at least four members have can do (the scope of their masters in nursing, then the others responsibility) may have masters in other allied Creates the board exam for nurses medical and health sciences Member of good standing of the Section 3. Creation and Composition of the accredited professional organization of Board nurses (PNA) One Chairman At least 10 years continuous practice Six Members of the profession before the Total of Seven appointment PNA-3 per vacancy The last 5 years must be spent in The accredited professional the Philippines organization (APO) in nursing The first five years can be o To be a member of the board a practiced abroad nurse should be a member of the The recent years are more important APO—PNA Not convicted of any offense involving Should be a member of PNA moral turpitude PNA would be the one to nominate for (-) qualification if accused of any BON moral turpitude Twenty-one list of names RN MAN o These 21 people will be submitted R-RN, MAN to the PRC for further screening N-Natural Born Citizen & Resident of to maintain the integrity of their the Philippines job M-Member of PNA They are quarantined a week before A-At least 10 years of continuous the board exam (not allowed to be practice in nursing invited as guest speakers) N-Not convicted of any crime or They have deliberation a week before moral turpitudes board exam results Obliged to make a new set of board Section 5. Requirements upon Qualification exam as Member of the Board of Nursing There is a percentage from the old Resign immediately (from work) questions (test bank) in the board Any nursing job exam. A machine selects these questions To avoid conflict of interest They have a lot of references in No pecuniary interest making board exam questions No monetary interest The correct answer depends on the Should not sell books about nursing one who made the question (compilation of questions from the PRC selects the date for the board board) and should not teach in exam review centers Issue, suspend, or revoke a license Section 6. Term of Office Negligence Regular Appointment (3 years) A revoked license can be reissued Terms may be extended and may be The clinical instructor will be held reappointed (up to two times) accountable if a student nurse makes Ad Interim (substitution) a medication error or negligence. Their license may be revoked Will finish the number of years not fulfilled by the former board member Monitor quality nursing practice in the Philippines Hold Over (extend position) Ensure quality nursing education Section 7. Compensation of the Board They can recommend (BON) for closure Members of a nursing program in a university Same with other PRBs (Professional especially if they have a low Regulatory Boards) passing rate Allowance and salary are placed in this CHED has the power to close a section but is not disclosed within the nursing school law Conduct hearings and investigations Administrative case (negligence, Section 8. Custodian of Records malpractice) → PRC → BON will be the PRC (Philippine Regulatory Commission)- judges custodian of all records Issue subpoena (court order) Accepts all applications and o Subpoena Ad Testificandum: requirements for board exam testify; serve as a witness All records needed for hearings are in o Subpoena Duces Tecum: bring the custody of the PRC patient’s chart, documents that will serve as evidence Renewal and applying for the license are also done in PRC Promulgate a Code of Ethics in coordination with APO (PNA) PRC also sets the date for the board exam PNA is consulted by the BON in the promulgation of the code of ethics Section 9. Powers and Duties of the Board Recognize nursing specialty Powers and Duties of the BON: organizations in coordination with APO Conduct NLE (Nurse Licensure Nursing specialty organizations Examination) should be recognized by the APO Maintain the integrity of the board Prescribe, adopt, issue, and promulgate exam guidelines for the improvement of the No leakage nursing profession A family relative of the BON may Quasi-Legislative Power (law-making take the board exam as they pledge body): prescribe, adopt, issue, and promulgate guidelines for the improvement of the nursing said country are substantially profession the same Quasi-Judiciary Power (supreme Good moral character court): conduct hearings & BSN graduate in a duly recognized investigations institution o Quasi: independent Submit Transcript of Records (TOR)
Section 14. Scope of Exam
NP 1-5 Section 10. Annual Report Day 1: NP 1-3 Submit an annual report to the o NP 1: CHN president every end of the year o NP 2: MCN BON is obligated to pass annual o NP 3: MS reports Day 2: NP 4-5 Accomplishments o NP 4: MS No board exam leakage, board exam o NP 5: MS w/ Psychiatric Nursing results Fundamentals, Research, Leadership & Proceedings Management are incorporated with NP Recommendations for improvement of the 1-5 nursing profession Decent Work and Employment, Promulgation of guidelines Transcultural Nursing, & Disaster Nursing are new and would be Section 11. Removal from the Board included in the 2022 board exam (suspension) Continued neglect of duty or Section 15. Board Ratings incompetence (same questions in the Ratings: GWA of at least 75% should be board exam) met to pass the NLE No intervention towards rising Rating not below 60% in any subject numbers of negligence and If GWA is >75%, but with a rating <60% malpractice in the field in any of the subjects, you will be Commission or toleration of considered a conditional passer irregularities in the licensure Removal examination examination (leakage) You are not failed yet but you have Unprofessional, immoral, or to take the NP where you have a dishonorable conduct score of <60% “‘wag natin mantsahan ang kaputian This will be taken on the next board ng ating propesyon” – sir Ejay exam; the score should be at least 75% (if the score did not reach 75%, ARTICLE IV a person will be considered failed EXAMINATION & REGISTRATION and will have to take the whole board exam again) Section 12. NLE RA 8981 “PRC Modernization Act of 2000” Section 16. Oath Multiple choice and checked by a You cannot place the RN after your name machine unless you have undergone oath-taking Essay & manual checking of NLE Oath-taking is mandatory before Every passer or registrant is required to take the oath Section 13. Qualification for Admission to If you are not able to attend oath- the NLE taking led by the BON you may do oath- Citizenship taking with the President, Vice 1. Filipino citizen; or President, and Mayors 2. Foreign citizen or subject of a country that permits Filipino nurses PRC Board Resolution 2012-657 to practice within its territorial Who may administer the oath of the limits profession? a. Same basis as the subject or PRB (BON) citizen of such country b. Requirements for the registration Chairman, vice chairman, member or licensing of nurses in the Any official authorized by the PRC Any official/officer authorized Show ratings for all the NPs under the Revised Administrative No reciprocity: need to take other Code country’s examination to practice o President nursing o Vice President Licensure: the method by which a state o Members and Secretaries of Both holds the nurse accountable for safe Houses practice to citizens of that state o Members of the Judiciary Licensure Process o Secretaries of Departments o Governors and Lt. Governors Licensure by Examination: the o Mayors process by which an individual who o Congressman has completed an approved nursing o Directors program seeks initial licensure by o Clerks of Court successfully passing a standardized o Registrars of Deeds competency examination o Constitutional Officers Licensure by Endorsement: the o Notary Public process by which an individual who Where is the oath of professional held? is duly licensed as a registered nurse under the laws of one state or In any specified venue in Metro country has their credentials Manila or outside accepted and approved by another How is the oath of professional held? state or country (same curriculum Simple, solemn, mass, oath-taking, and requirements; has reciprocity) supervised by all PRBs (Professional o Only applicable to RNs in other Regulatory Boards of Nursing—all countries BON) o If there is reciprocity: an agreement between countries Section 17. Issuance of Certificate of CERTIFICATE OF PROFESSIONAL ID CARD Registration/Professional License and REGISTRATION Professional Identification Card Full name of the professional Photo of the professional (1x1) License: proof that you are given the Official seal of the commission privilege to practice the profession in Date of registration the Philippines Signature of the chairperson of the commission Not for everyone Signed by the chairperson of the Signed by the chairperson only commission and members of the Only given to a person and can be board revoked License number Serial number Once a person is a license holder, Date of issuance and expiration - Barcode Official seal of the commission the person is allowed to practice (PRC) nursing in the country (can also A certificate of registration is practice in other countries if there different from a certificate of is no agreement between the passing. Certificate registration is a countries) legitimate document that will certify Rights are not taken away from you. that you are already a registered nurse Present since birth that is signed by the BON Professional Identification Card: Picture, Last Name, First Name, Middle Section 18. Fees for Examination & Initial, Registration Number (license Registration number), Registration Date, Valid Until Examination and registration have fees (expiration date) You shall pay the prescribed fees PRC license is expired during the set by the PRC birthdays of the holder Penalty fee: renewed beyond the Back: Signature of the professional and expiration date chairman of PRC Renewal every 3 years Section 19. Automatic Registration of Renewal is obliged to continue Nurses practice nursing All nurses whose names appear on the Expired every birthday roster of nurses shall be automatically Certificate of Passing: proof that you or ipso facto registered as nurses met the requirement for the board exam under this Act upon its effectivity Grades from NP 1-5 is >60% with a You cannot obtain your license if you GWA of >75% do not register Use of fraud, deceit, or false Section 20. Registration by Reciprocity statement A certificate of registration/license Practicing during suspension may be issued without examination to But when emergencies are attended to nurses registered under the laws of a outside the hospital, the license foreign country: will not be revoked Requirements for registration or Violation of this Act (in totality) licensing of nurses (board exam) are SUBSTANTIALLY THE SAME NEGLIGENCE o But should have the same Commission or omission of an act, curriculum or requirements in pursuant to duty, that a reasonably terms of licensure and prudent person in the same or similar registrations circumstance would or would not do Foreign countries grant SAME Commit: a prudent nurse does what is PRIVILEGES to registered nurses not done (ginawa) o There is an agreement between two o E.g., Wrong medication countries (RNs from a certain country can work with the country Omit: a prudent nurse does not do in agreement vice versa) what should be done (hindi ginawa) o E.g., Not raising side rails Section 21: Practice Through during a seizure Special/Temporary Permit THE ABCDs OF NEGLIGENCE Foreign nurses can practice nursing in the Philippines temporarily AN injury occurred within the BREACH of duty of the nurse where CAUSE of injury Issued with special/temporary permit is the failure to perform the DUTY (issued by the PRC) E.g., Internationally well-known specialists or outstanding experts in any branch or Duty exist: Raising side rails to a specialty in nursing (e.g., Patricia seizure precaution patient Benner, Jean Watson) Breach of duty: duty not done On medical mission whose services shall Causation: injury be free in a particular hospital, An injury or harm occurred: center, or clinic injury/harm to the patient (lying Employed by schools/colleges of nursing on the floor with fractures at the as exchange professors in a branch or shoulder) specialty in nursing MIX EXAMPLES OF NEGLIGENCE M-Medical Mission Failure to report observation to physician I-Internationally well-known aggravation of the patient’s X-Exchange professors condition Section 22. Non-registration and Non- report abnormal findings to the issuance of COR/Professional doctor immediately License/Special Temporary Permit Failure to exercise the degree of Has already passed the board exam but diligence which the circumstance of the PRC won’t issue a license case demands Convicted of criminal offense/moral Mistaken identity turpitude check patient’s ID band Guilty of immoral or dishonorable ask their name and birthdate conduct Defects in the equipment leading to Unsound mind injury of the patient Declared by the court Medication error: not following the 10 rights of drug administration Section 23. Revocation and Suspension of COR/Professional License and Cancellation of Special/Temporary Permit Unprofessional and unethical conduct Gross incompetence or serious ignorance Negligence or malpractice Traffic can be avoided by leaving early
Captain of the Ship
Principle of medical-malpractice law, holding a surgeon liable for the actions of assistants who are under the surgeon’s control but who are employees of the hospital, not the surgeon Errors due to family assistance Usually in the OR Improper health education to family The surgeon is held members liable E.g., TSB and the nurse forgot to Damnum Absque Injuria teach the temperature of the water that has led to burns Although there was physical damage, there is no legal injury E.g., IV insertion: there is no question about your competence, and a sudden blackout caused a through and DOCTRINES OF NEGLIGENCE through (unavoidable incident) Always consider the competence of the Doctrine of Respondeat Superior nurse (if not = negligence; if a nurse “Let the master answer for their is competent or expert = damnum absque subordinates” injuria) The head will be held accountable for No intentional injuries the negligence of the staff nurse The hospital will also be liable MALPRACTICE The staff nurse will be accountable as Not in the scope of practice well Unskillful and improper discharge of The hospital, nurse assigned, & one’s duties or professional negligence clinical instructor will be held Stepping beyond the scope of accountable for the negligence of a practice/qualifications student nurse A type of professional negligence may damay MALPRACTICE vs. NEGLIGENCE Doctrine of Res Ipsa Loquitor “Let the thing speak for itself” Malpractice E.g., a scalpel left behind after Failure of professional action appendectomy mali ang pagkakagawa The patient complained of abdominal e.g., removal of IV using scissors to pain remove the tape and a sudden cut to the The HCPs involved during the patient’s skin was made procedure will be held accountable A sponge is more common Negligence Let the thing serve as evidence for Failure of judgmental perception itself common sense Usually during a surgical procedure kapag hindi mo ginawa, may mangyayaring masama sa pasyente Doctrine of Force Majeure e.g., Soaked diaper was not changed An event that cannot be foreseen that caused bedsores An act of god Section 24. Re-issuance of Revoked COR and Unexpected event Replacement of Lost Certificates Natural disasters Maximum of 4 years E.g., you were not able to go to Reasons of equity and justice work d/t flood When the cause for revocation has Exception disappeared or has been cured and Valid reasons corrected Cannot be avoided Payment after re-issue of a license Promotion of health, prevention of ARTICLE V illness, and alleviate sufferings & NURSING EDUCATION pains Provide nursing care through the Section 25. Nursing Education Program utilization of the nursing process It shall provide a sound general and Establish linkages with community professional foundation for the resources and coordination with the practice of nursing health team Significance of nursing education Provide health education to RLE and lecture hours should be individuals, families, and communities completed before taking the board exam Teach, guide, and supervise students in nursing education programs Section 26. Requirement for Inactive Undertake nursing and health human Nurses resource development training and Returning to Practice research Five consecutive years not practicing Nurses are allowed to administer nursing medications, so long as there is the One-month didactic training prescription of the doctor Lecture form of training Internal examination (IE) is allowed (simulations in mannequins) but should (-) antenatal bleeding Three months practicum Nurses are allowed to suture perineal Done at hospitals accredited by the suturing so long as they are trained to BON do so
Section 27. Qualifications of the Faculty Section 29. Qualifications of
RN in the Philippines Nursing Service Administrators MA in Nursing/ MSN/ MA in Education/ MA Middle-level managers in the nursing in other allied medical and health profession (nurse managers, head nurse, sciences supervisors, chief nurse) At least one year of clinical practice RN in the Philippines in a field of specialization At least 9 units of management and Member of a good standing APO (PNA administration courses at the graduate member) level Fee: 500 Regardless if MA degree is not yet completed Qualifications of the Dean At least two (2) years experience in RN in the Philippines general nursing service administration MA in Nursing/MSN Member of a good standing APO MAN: managerial and administrative (deanship, chief nurse) Chief Nurse Qualifications MSN: clinical (hone skills on the RN in the Philippines clinical side) Masters degree holder in Nursing o Must complete number of duty At least 5 years experience of hours supervisory/managerial position in o Case studies nursing (as head nurse or supervisor) o Specializations (cardio, Member of a good standing APO diabetes, etc.) o Clinician approach Public Health Chief Nurse Qualifications Five years of clinical experience Masters in Public Health Member of a good standing APO Military Chief Nurse Qualifications ARTICLE VI Completed General Staff Course (GSC) NURSING PRACTICE Military training Given with titles Section 28: Scope of Nursing Practice Encompasses what we can do as nurses Section 32. Salary We provide nursing care from womb to RA 6758 “The Compensation and tomb Classification Act of 1989” Salary Grade 15 (Entry Salary/Level, Nurse 1) – 33,575 Nurse 2: Salary Grade 17 – 39, 986 Nurse 3 (Head Nurse): Salary Grade 19: 48,313 Nurse 4: Salary Grade 20: 54, 251 Nurse 5 (Supervisor/ Assistant Chief Nurse): Salary Grade 22: 68, 415 Nurse 6 (Chief Nurse): Salary Grade 24: 86, 742 In public health institutions only
Section 35. Prohibition in the Practice of
Nursing Fine of not less than 50, 000 and not more than 100,000 (50,000-100,000) Imprisonment of not less than 1 year and not more than 6 years (1-6 years) Practicing without a COR (Misdemeanor) Practicing with the use of another COR (Misrepresentation) Minor crime Uses an expired, suspended, or revoked COR Who gives false evidence Who falsely advertises as an RN Who appends BSN/RN without being conferred
Additional Notes: RA 9173: No limit in re-taking of the board exam (current) Senate (new law): maximum of three takes; at least three years of clinical experience for nursing educator