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LAWS GOVERNING THE PRACTICEOF NURSING BRIEF HISTORY OF THE PHILIPPINENURSING LAW

LAW Act No. 2493 of 1915


 It is defined as the sum total of rules  first law that had to do with the practice of
and regulations by which society is governed. nursing, which was regulated the practice
 It is man-made and regulates social conduct of medicine
on a formal and binding way.  this act provided for the examination
 It reflects society isneeds,attitudes and more. andregistration of nurses inthePhilippines
 May also be defined as arule or conduct
pronounced by controlling authority and During that time, the applicants needed tobe only
whichmay been forced. twenty years old,In good physical health, and of
goodmoral character.
3Essential Characteristics of every law
1. Authority or the right to declare that the *Graduates of intermediate courses of a
rule exists - to be able toenforce control public schools could enter the school of
2. Such rule is pronounced or expressed and nursing which was then giving only twenty
that is the source can be identified years-and-a-half of instruction, these
3. A right to enforce the same must be provided graduates were called first-class nurses

Government - the controlling authority in our *Those who desired to be second-class


system nurses filed an application with the district
Constitution - the fundamental law of the health officer in the district where they
government resided
 It contains the principleson which the
government is founded,regulates the 1919 Act 2808
division of sovereignpowers,directs to - was passed – First True Nursing Law
whatpersons each of these powers is - It created, among others, a board of
toentrusted and specifies the examiners for nurses
manner by which these powers shall
beexercised 1920
First board examination in the Philippines
Principalsourcesofpronouncements was given
1. the Constitution
2. The statutes or legislation June19, 1953
3. the regulations issued by theExecutive Branch - Congress enacted the Philippine Nursing
ofthe government Law (Republic Act 877)
4. case decisions or judicial opinions
5. Presidential Decrees 2 IMPORTANT SECTIONS OF R.A. 877
6. LettersofInstruction a. SEC. 16, ART IV – Inhibition
against practice of nursing
Whenaruleofconduct is pronounced by alaw- b. SEC 30 ART V – Prohibition in
making body, itmustbeissuedinwriting and in such the practice
mannerthatitsmeaningisclearandconcise. of nursing. Penal Provision

When a law-making body enacts rules of June 18, 1966


conduct, there are always provisionssetting forththe - Republic Act 4704 amended certain
consequencesforviolations. portions of RA 877.

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MOST SALIENT CHANGES nurse’s examination was lowered
1. The membership of the Board of from 21 to 18 years of age.
Examiners for Nurses was increased
from 3-5 members RA 7164 – introduced by Senator Heherson
2. Members of the Board were to be Alvarez codified and revised all the laws
appointed by the President of the regulating the practice of nursing in the
Philippines with the consent of the Philippines. It was also known as the
Commission on Appointments and no Philippine Nursing Act of 1991.
longer “upon recommendation of the
Commission of Civil Service” 1) Redefinition of the scope of nursing
3. The requisite academic degree for practice to emphasize
members of the Board was a Master’s
Degree, instead of a Baccalaureate - The use of the nursing process as a
Degree in Nursing scientific discipline in arriving at an
4. A disqualifying age limit for a Board appropriate nursing action and care
member was fixed. No person was
eligible for membership in the board - The teaching, management, leadership
if she/he was over 60 years of age and decision making roles of the nurse
5. The maximum total compensation
which a member of the Board of - The undertaking of and participation in
Examiners for Nurses could receive studies and research by nurses
was raised P12000 per annum to
P18000 yearly 2) Requiring a faculty member who was
6. The academic qualification for Deans, appointed to the Board of Nursing to
Directors, and principlas of Colleges resign from his/ her teaching position
and Schools of Nursing was raised at the time of appointment and not
from the level of Baccalaureate one year preceding his/her
Degree to that of Master’s Degree in appointment
Nursing 3) Updating a faculty’s educational
7. The areas of study required for qualifications by requiring Master’s
entrance to colleges and schools of Degree in n Nursing or related fields
nursing were generalized to include or its equivalent in terms of
courses in physical, biological, social experience and specifications as
and behavioral sciences, as well as prerequisite to teaching
humanities, chemistry, psychology 4) Specification of qualifications of
and zoology administrators of nursing services
8. The scope of nursing practice was 5) Inclusion of the phrase “Unethical
broadened to circumscribe the whole conduct” as one of the reasons for
management of the care of patients revocation and suspension of
and the acts constituting professional certificate of registration
practice of nursing were spelled out.
9. The date of holding of nurse’s October 17, 1958 (Proclamation No. 593)
examination was no longer fixed but – Presidential proclamation of a Nurses’
adjusted to the official closing of the Week
semestral term of classes in colleges
and schools of nursing. Presidential Decree No. 223
10. The minimum age required of – issued on June 23, 1973 created the PRC
applicants for admission to the and prescribed its powers and functions.

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PRC Memorandum No. 2005-02 Republic Act 2382, known as the Philippine
– dated March 3, 2005, implementing the
Medical Act, defines the practice of
revised rates of fees charged and collected
by the Commission on Appointment medicine in the Philippines.

Letter of Instruction No. 1000


– dated March 20,1980, required that SEC 10. Act constituting the practice of
members of accredited professional medicine.
organizations shall be given priority in the
hiring of employees in the government A person shall be considered as
service and in the engagement of engaged in the practice of medicine
professional services
who shall for compensation, fee, salary,
Republic Act 1612 or reward in any for paid to him
– stated that a privilege tax shall be paid
before any business or occupation can be directly or through another or even
lawfully begun or pursued. without the same may physically

RA 7392 examine any person, and diagnose,


– amended RA 2644 known as Midwifery treat, operate or prescribe any remedy
Law on June 18, 1960
for any human disease, injury,
SEVERAL ARGUMENTS AROSE AMONG deformity, physical, mental, physical
NURSES AS A RESULT OF THE PASSAGE OF
THE MIDWIFERY LAW condition or ailment, real or imaginary,
1. Do nurses really have to register as regardless of the nature of the remedy
midwives before they can attend to
deliveries? or treatment administered, prescribed
- Since the law specifies that nurses or recommended.
perform nursing care during delivery, then
nurses have the legal rights to do so.(Rule V
Section 28 Scope of Nursing) Republic Act 5181. This act prescribes

2. Should hilots or the licensed midwives permanent residence and reciprocity as


from the barrios be allowed to qualifications for any examination or
continue to practice their trade?
To ensure safety of both mothers registration for the practice of any
and newborns, many health profession in the Philippines.
centers offer training programs
for hilots as part of their service SEC 1. No person shall be allowed to
to their communities. practice any profession in the Philippines
3. Are the midwives properly trained in
their school to assume the roles unless he has complied
provided in R.A. 7392? Does this law This Law states that all medical doctors must
not infringe on the Philippine
examine, diagnose, treat, operate or prescribe
any remedy for any human disease, ailment or
deformity regardless of its nature.

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This Law states that all Filipino citizen deliver, give way to another, distribute,
of any profession must practice his/her dispatch in transit,
profession in the Philippines. or transport any prohibited drug, or
shall act as broker in any of source
In case he/she is an a Filipino citizen, transactions. In case of a practitioner, the
he/she must be a permanent resident maximum penalty herein prescribed and
for at least 3 years the additional penalty of revocation of
his/her license to practice his/her
Presidential Decree 541 allows former
Filipino professional to practice their profession shall be imposed. Of the victim
respective professions in the Philippines. of the offense is a minor, the maximum
Balikbayans, therefore, although not
residents of the Philippines anymore, may penalty shall be imposed. Should a
practice their profession during the period prohibited drug involved in any offense
of their stay in the country provided they
register with the Professional Regulation under this section be the proximate cause
Commission and pay their income tax on all of death of the victim thereof, the penalty
earnings while in the country.
of life imprisonment to death and a fine
This Law states that Balikbayan, are ranging from twenty thousand to thirty
allowed to to practice their profession thousand pesos (P20,000.00 – P 30, 000.00)
dursing the period of their stay and must shall be imposed upon the pusher.
register to PRC and pay their income tax This Law states that sale, administration,
while in the country. delivery, distribution, and transportation of
prohibited drugs are punishable by law.
In 1972, Republic Act 6425 known as the
Dangerous Drugs Act was passed. Article II,
SEC 8. Possession or Use of Prohibited
Section 4 states that sale, administration,
Drugs.
delivery, distribution, and transportation of
- The penalty of imprisonment ranging
prohibited drugs are punishable by law. The
from six (6) years and one (1) day to
penalty of imprisonment ranging from
twelve (12) years and a fine ranging
twelve (12) years and one (1) day to twenty
from six thousand to twelve thousand
years and a fine ranging from twelve
pesos (P6, 000.00 – P 12, 000.00) shall
thousand to twenty thousand pesos shall be
be imposed upon any person, who
imposed upon any person who, unless
unless authorized by law, hall possess
authorized by law, shall sell, administer,
any prohibited drug, except Indian

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hemp as to which the next following SEC 16. Profession or Use of Regulated
paragraph shall apply. Drugs.
- The penalty of imprisonment ranging - The penalty of imprisonment ranging
from six months and one day to six from six (6) months and one (1) day to
years and a fine ranging from six four (4) years and a fine ranging from
hundred to six thousand pesos six hundred to four thousand (P600.00
(P600.00 – P6, 000.00) shall be – P4,000.00) pesos shall be imposed
imposed upon any person who, unless upon any person without the
authorized by law, shall possess or use corresponding license or prescription.
Indian hemp.
Act No. 3573 in 1929
SEC 15. Sale administration, - declared that all communicable diseases
dispensation, delivery, transportation, shall be reported to the nearest health
and distribution of regulated drugs. station, and that any person may be
- The penalty of imprisonment ranging inoculated. Administered or injected with
from six (6) years and (1) day to twelve prophylactic preparations. No persons shall
(12) years and a fine ranging from six refuse as to hinder or obstruct these
thousand to twelve (12) thousand protective measures deemed advisable by
pesos the Secretary of Health or the authorized
representative.
This states that possession or use of
prohibited drugs has also different This states that any regulated drugs
punishment that selling or transporting must be prescribed by a licensed
prohibited drugs. practioner or else imprisonment and
fine will be imposed to the offense.
This states that there are also law
about Sale administration, This Law states that all communicable
disease must be treated immediately
dispensation, delivery, transportation, and not person is allowed to refuse the
and distribution of regulated drugs, it protective measures to that disease

must be authorized by law and must be


Republic Act 1082 which was approved on
limited and prescribed by a licensed
June 1954 and amended by R.A. 1891 on
medical practitioner.
June 22, 1957 for the creation of rural

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health units. Public health nursing in the This Law states that all people with
Philippines was in great demand leprosy must be treated in a
particularly in the rural areas. For this government skin clinic, rural health or
reason and to provide these areas with by a licensed physician.
competent public health nursing service the
government established rural health units Presidential Decree 996 - requires

staffed with technical personnel, including compulsory immunization for all children

public health nurses. The creation of rural below eight years of age against

health units all over the Philippines communicable disease. Circular No. 14 of

was authorized by R.A. 1082, which was 1965 requires health examination and

approved on June 15, 1954. immunization of all prospective Grade I

As amended by R.A. 1891 in June 22, pupils against smallpox, diphtheria and

1957 the law provided for the creation of tuberculosis as pre-requisite for enrollment.

rural health units of eight different


categories corresponding to eight Presidential Decree 825 - provides penalty

population groups of municipalities to be for improper disposal of garbage and other

served. R.A. 4405, approved on June 16, forms of uncleanliness.

1965 enlarged the staff by integrating into


Presidential Decree 856, the Code of
these units the provincial, city, and
Sanitation, provides for control of all factors
municipal sanitary inspectors nurses and
in man’s environment that affect health
midwives covered by the act.
including the quality of water, food, milk,

Republic Act 4073 liberalizes the treatment control of insects, animal carriers,

o leprosy. Except when the disease requires transmitters of disease, sanitary and

institutional treatment, no person afflicted recreation facilities, noise unpleasant odors

with leprosy shall be confined in a and control of nuisance.

leprosarium. Patients shall


Presidential Decree No. 148 -amending R.A.

This Law states that all rural areas must 679 (Woman and Child Labor Law), states

establish rural health untis staffed with that the employable age shall be 16 years.

technical personnel including PHNs This decree provides for the minimum
employable age and for privileges of
working women.

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This Law states that there is a creed, business and industrial enterprises to
promote the concept of family planning
compulsory immunization for all
welfare,
children below 8 years of age against
This Law states that when RNs and RMs are
communicable disease (smallpox, empowered to provide, dispense or
diphtheria and tuberculosis) as a pre- administer acceptable methods of
contraception after undergoing a training
requisite for enrollment. and granted authorization by POPCOM.

This Law states that private


This Law states that improper disposal
organization and individuals must
of garbage and other forms of
participate in strengthening the family
uncleanliness is punishable by the law.
planning programs.

This Law states that all factors in


Letter of Instruction No. 47 directs all
man’s environment that affect health
schools of medicine, nursing, midwifery and
must be controlled.
allied medical professions and social work

Republic Act 6365 established a National to prepare, plan and implement the

Policy on Population and created the integration of family planning in their

Commission on Population (POPCOM). curricula and to require from their


graduates sufficient appropriate licensing
Presidential Decree No 791 is the revised examination.
Population Act. It defines the objectives,
duties and functions of the POPCOM. Department of Labor Order No. 7 requires
all industrial establishments to provide
Presidential Decree No. 166 amending family planning services.
Presidential Decree No. 791. This decree
strengthens family planning programs Presidential Decree No. 48 limits paid
through participation of private maternity leave privileges to four children.
organizations and individuals in the
formulation and implementation of the
program planning policies.
General Order No. 18 enjoins all citizens of
the Philippines, universities, colleges,
schools, government offices, mass media,
voluntary and religious organizations of all

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Presidential Decree. 69 workers the right to self-organizations and
- limits the number of children to four (4) collective bargaining. It promotes the rights
for tax exemption purposes. and welfare of workers.

Presidential Decree No. 965 Presidential Decree 603, Child and Youth
- requires that couples intending to get Welfare Code,
married must first undergo a family - protects and promotes the rights and
planning and responsible parenthood welfare of children and youth. Employment
instruction prior to the issuance of a of children below 16 years of age is limited
marriage license. to perfuming light work not harmful to their
safety, health or normal development and
Republic Act No. 1054 which it not prejudicial to their studies.
- requires the owner, lessee or operator of
Presidential Decree 651 decrees the
any commercial, industrial or agricultural
registration of birth of a child within 30
establishment to furnish free emergency,
days with the Civil Registrar.
medical and dental attendance to his
employees and laborers
ILO Convention No. 149 provides for the
improvement of life and work conditions of
Republic Act 226, known as the Hospital
nursing personnel.
Licensure Act, - requires all hospitals in the
Philippines to be licensed before they can
Presidential Decree 1519 gives
offer to serve the community. The licensing
Medicare benefits to all government
agency is the Office for Hospital and
employees regardless of status of
Medical Services, Department of Health.
appointment. Retirees, regardless of age,
are also entitled to Medicare privileges by
Nurses working in agencies with 100-bed
virtue of their membership in the GSIS or
capacity and/or above and are working in
SSS.
an area of one million population are
Effective January 1980, Presidential Decree
supposed to work only forty (40) hours a
No. 1636 requires compulsory membership
week per R.A. 5901.
in the GSIS or SSS Retirement Fund.

Presidential Decree 442 known as the


Labor Code of the Philippines provided

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Presidential Decree No. 626 or the Republic Act No. 6713, known as the “Code
Employee Compensation and State of Conduct and Ethical Standards for Public
Insurance Fund provided benefits to Official and Employees”, upholds a time-
workers covered by SS or GSIS for honored principles that public office is a
immediate injury illness or disabilities public trust.
- It is the policy of the State to promote a
Republic Act 6675 or the Generics Act of
high standard of ethics in a public service.
1988 is an act to promote, require and
Public officials and employees shall
ensure the production of an adequate
discharge their duties with utmost
supply, distribution, use and acceptance
responsibility, integrity, competence and
and drugs and medicines identified by their
loyalty, and shall act with patriotism and
generic names, Medicines are prescribed in
justice. They must least modest lives and
generics.
uphold public interest over personal
Nurses are the patient’s advocated.
interest.
Their role is not only as drug administrators
but also as educators by giving information
Republic Act 7160 or the Local Government
as evaluators although monitoring, verifying
Code transfers responsibilities for delivery
and reporting of usage and problems
of basic services and facilities of the
encountered, and as coordinators with
national government to local government
physician, pharmacists, dentists and
units. This involves devolution of powers,
concerned groups.
functions and responsibilities to the local
government both provincial and municipal
Republic Act 6758
- standardizes the salaries of government Another law approved by Pres. Corazon C.
employees which includes the nursing Aquino on March 26, 1992, and authored
personnel. by Senator Edgardo Angara is R.A. 7305
entitled Magna Carta for Public Health
- This Law states that all medicines must
Workers”. Its significant objectives are:
be prescribed by their generic names.
a. To promote and improve the social
- This Law states that salaries of
and economic well-being of health
government employees including
nursing personnel must be compensated workers;
to position titles, salary grades and
b. To develop their skills and capabilities;
schedules
and

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c. To encourage those qualified and with Republic Act 9173 – Change in the
Philippine Nursing Act of 2002 from R.A
abilities to remain government
7164, The Philippine Nursing Act of 1998,
service taken from the Implementing Rules and
Regulations of RA 9173. 1998, taken from
This Law states that Public officials and
the Implementing Rules and Regulations of
employees shall discharge their duties with RA 9173.
utmost responsibility, integrity, competence
PRC Resolution No. 2004-17 Series of 2004
and loyalty, and shall act with patriotism re-implemented continuing Professional
Education requiring sixty (60) credit units
and justice.
for three (3) years for professionals with
bachelor’s degree. Any excess unit earned
This Law states that transfers cannot be carried on to the next three-year
responsibilities for delivery of basic period except for units earned for doctoral
and master’s degrees. The total CPE units
services and facilities of the national for registered professionals without
government to local government units. baccalaureate degrees shall be thirty (30)
units for three (3) years. Any excess shall
not be carried on to the next three-year
Republic Act 7600 or the Rooming- in and period.
Breastfeeding Act of 1992 provides that
babies is born in private and government PRC Board of Nursing Resolution No. 14
hospitals should be roomed-in with their Feb. 8, 1999 – promulgated the guidelines
mothers to promote breastfeeding and for the implementation of a Specialty
ensure and safe and adequate nutrition to Certification.
children. This is enforced by the Milk Code
(Executive Order No. 51) PRC Board Resolution No. 2003-166
- This Law states that every hospitals amended the filling of application of various
private to government must have a policy licensure examinations in the regional
that babies should be roomed-in with offices from twenty (20) days to thirty (30)
mother to promote breastfeeding days before the first day of examination to
give sufficient time for the Boards in charge
in the Central Office to tally the report,
Republic Act 7432 or the Senior Citizen’s review the qualifications, check the
Act gives honor and justice to our people’s completeness and accuracy of the
long tradition of giving high regard to our documents thereby ensuring strict
elderly. It entitles to our elderly to a twenty compliance with the “no deferent” policy.
percent (20%) discount in all public
establishments such as restaurants, PRC Board of Nursing Resolution No. 2004-
pharmacies, public utility vehicles and 200 series of 2004
hospitals. It also entitles the elderly to free Requires applicants in the licensure
medical and dental check-up and examination to submit transcript of records
hospitalization in all government hospitals. with scanned pictures and with the remarks
- This Law states that all Senior citizens of “For Board Examination Purposes only”.
the Republic of the Philippines should have
20% discounts in all public establishments

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PRC Resolution No. 2004-189 series of
2004 – forfeits the examination fees paid by
the examinee that failed to report and take
the scheduled examination.

Executive Order No. 566 Sept. 8, 2006


directs the Commission on Higher
Education to regulate the establishment
and operation of review centers and similar
entities.

CHED Memorandum Order No. 49 series of


2006 implements the rules and regulations
in governing the operation review centers
pursuant to Executive Order 266.

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