Nursing as a Profession DEFINITION OF A PROFESSION IS NURSING A PROFESSION? Perhaps you have heard many people say that nursing is a vocation, while some say that it is a profession. Webster's Dictionary defines a profession as “an occupation or 1k fi ras 1 ie rs ‘fi .”" Nursing is an occupation requiring a unique body of knowledge and skills and which serves society. CRITERIA OF A PROFESSION Following are the criteria of a profession according to William. ~ “Shepard;? nse He A profession must satisfy an indispensable social need and must be based upon well established and socially accepted scientific principles. It must demand adequate pre-professional and_cultural training. Itmust demand the possession of a body of specialized and systematized training. ~ It must give evidence of needed skills which the public does not possess; that is, skills which are partly inherent and partly acquired. It must have developed a scientific technique which is the result of tested experience. It must require the exercise of discretion and judgment as to time and manner of the performance of duty. This is in Scanned with CamScannercontrast to the kind of work whichis subject to standardization in terms of unit performance or time element. 7. It must have a group of consciousness designed to extend scientific knowledge in technical language. 8. It must have sufficient sself-impelling power to retain its members throughout life. It must not be used as a mere stepping stone to other occupations. 9. It must recognize its obligations to society by insisting that its members live up to an established code of ethics. Flexner and other authors herein cited, describe the qualities of a profession as follows:? 1. A profession applies its body of knowledge in practical services that are vital to human welfare, and especially suited to the tradition of seasoned practitioners shaping the skills of newcomers to the role. 2. It constantly enlarges the body of knowledge it uses and subsequently imposes on its members a lifelong obligation to remain current in order to “do no harm.” 3. A profession functions autonomously (with authority) in the formulation of professional policy and in monitoring, its practice and practitioners.‘ 4. Itutilizes in its practice a well-defined and well-organized body of knowledge that is intellectual in nature and describes its phenomena of concern. 5. Aprofession has a clear standard of educational preparation forentry into practice. 6. A profession is distinguished by the presence of specific culture, norms, and other values that are common among its members.” 5 Genevieve K. and Roy W. Bixler’ also state that a profession 1. utilizes in its practice a well-defined and well-organized body of specialized knowledge which is on the intellectual _____ level of higher learning; 2 Professional Warsing in the Philippines § <<< $$ @_______— Scanned with CamScanner2. constantly enlarges the body: of knowledge it uses, and improves its techniques of education and service by the use of scientific method; 3. entrusts the education of its practitioners to institutions of higher education; ‘ z 4. applies its body of knowledge in practical services which are vital to human and social welfare; 5. functions autonomously in the formulation of professional policy and in the control of professional activity; 6. attracts individuals of intellectual and personal qualities who exalt service above personal gain and who recognize their chosen occupation as a life work; and 7. strives to compensate its practitioners by providing freedom to act on opportunity for continuous professional growth, and economic security. Do you believe, then, that these criteria apply to nursing? Studies and researches in nursing have led to more scientific knowledge about the profession. The constant search for better services to patients, the improvement of educational programs in nursing, and the formulation of its own code of ethics are but a few factors that point to the professionalization of nursing. Remember that the term “profession” is honorific and should be carried with pride and honor. DEFINITION OF A PROFESSIONAL NURSE A professional nurse is a person who has completed a basic nursing education program and is licensed in his/her country or state to practice professional nursing. MEANING OF PROFESSIONAL NURSING The Philippine Nursing Act of 1991 (R.A. 7164) has been repealed by the Philippine Nursing Act of 2002 (R.A. 9173). Note the changes in the scope of nursing practice.'” _——_—______—_—_—_——— Narsine ata Profeccion 2 Scanned with CamScannerARTICLE VI NURSING PRACTICE SEC. 28. Scope of Nursing. A person shall be deemed to be 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 setting. It includes, but is not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, pre-school, school age, adolescence, adulthood and old age. As independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness. As members of the health team, nurses shall 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, assistance towards a peaceful death. It shall be the duty of the nurse to: (a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but is not limited to, traditional and innovative approaches, therapeutic use of self, executing health care techniques and procedures, essential primary health care, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral, topical and parenteral medications, internal examination during labor in the absence of antenatal bleeding and delivery. In case of-suturing of perineal laceration, special training shall be provided according to protocol established; (b) Establish linkages with community resources and coordination with the health team; (9 Provide health education to individuals, families and communities; 4 Professional Nursing in the Philippines ._—— Scanned with CamScanner(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; Undertake nursing and health human resource development training and research, which shall include, but not limited to, the development of advanced nursing practice; : [C 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 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. QUALIFICATIONS AND ABILITIES OF A PROFESSIONAL NURSE A professional nurse must possess specific qualifications and abilities. 2 A. Professional Preparation The professional nurse must: 1. have a license to practice nursing in the country; 2. have a Bachelor of Science degree in Nursing; and 3. be physically and mentally-fit- ——— Mursing as a Profession 5 Scanned with CamScannerB. Personal Qualities and Professional Proficiencies The personal qualities and professional proficiencies of a nurse include 1. interest and willingness to work and learn with individuals/groups in a variety of settings; 2. a warm personality and concern for people; 3. resourcefulness and creativity as well as a well-balanced emotional condition; 4. capacity and ability to work cooperatively with others; initiative to improve self and service; 6. conipetence in performing work through the use of nursing process; 7. skill in decision-making, communicating, and relating with others and being research oriented; and 8. active participation in issues confronting nurses and nursing. > BASIC EDUCATIONAL PROGRAM IN NURSING"! Until 1983, there was only one basic educational program in nursing ~ the four-year collegiate degree program leading to the Bachelor of Science in Nursing. The basic three-year hospital-based program leading to the title Graduate in Nursing was, phased out. Itistobe noted, however, that revision of this program continues as seen fit by the Council of Deans, the Philippine Colleges of Nursing, the Commission on Higher Education, and nursing practitioners. Colleges may also add courses that will enrich their curriculum (Appendix H). However, effective School Year 1998-1999, the curriculum for the common two-year Associate in Health Science Education (ASHE) was enforced.” THE BSN CURRICULUM The four-year Bachelor of Science in Nursing Program offers a competency-based community oriented curriculum to educate future nurse practitioners to assume their roles and responsibilities 6 Professional Nursing in the Philippines = — pins Scanned with CamScannerin the Philippine Health Care System. It aims to prepare nurses for entry level positions in any healthcare setting in the country, i.e., hospitals, clinics; healthcare centers, homes, and communities. Specifically, the end-of-program competencies, also referred to as terminal competencies, expect a graduate to”? 1. utilize the nursing process in the care of individuals, families, and community by 1.1. assessing the client's healthcare status, 1.2. planning with client and/or significant others the nursing action based on identified needs and problems, 1.3. implementing appropriate nursing interventions (wholly compensatory, partially compensatory, supportive, educative), 1.4. modifying interventions, and 1.5. evaluating the results of nursing interventions accordingly based on criteria established; 2. communicate effectively at all levels of healthcare in various settings by 2.1. applying “therapeutic use of self”, 2.2, documenting and reporting observations, responses to nursing actions, and 2.3. relating with clients, families, communities, and groups and members of the health team; 3. utilize the elements of management in any healthcare setting by 3.1: utilizing management process in the delivery of health care, 3.2. participating in the formulation and implementation of policies, and 3.3. working independently and/or i in collaboration with others on matters promoting a better quality of life; 4. utilize research findings in the care of clients; and 5. assume responsibility for personal and professional growth and development by 5.1. promoting professional and personal growth, 5.2. accepting accountability for professional action, and 5.3. participating in-the solution of health/social problems. ——_________— Hrsing as a Profession 7 Scanned with CamScannerOverall, the BSN program intends to produce a professional nurse who demonstrates the following behaviors:"* 1. caring behavior (compassionate, competent and committed); 2. _ ability to practice legal, ethico-moral, social responsibilities/ accountabilities; y 3. critical and creative thinking; and 4. skill in practicing S-K-A and values for the promotion of health, prevention of illness, restoration of health, alleviation of suffering; assisting clients to face death with dignity and _ in peace. Nursing students must have graduated from a college of nursing which has been properly accredited to offer the nursing course. Appendix H presents the new curriculum of the Bachelor of Science in Nursing. REFERENCES . The Webster's Dictionary of the American Language. Cleveland and New York: The World Publishing Co., 1960. 2. Shepard, William. “The Professionalization of Public Health.” The American Journal of Public Health and the Nation's Health. 38:146, January 1948. Flexner, A. “Is social work a profession?” Proceedings of the National Conference of Charities and Connection. New York: New York School of Philanthropy, 1915. American Nurses Association: Nursing’s Social Policy Statement. Washington D.C.: American Nurses Publishing, 1995. 5. Greenwood, E. “Attributes of a profession”, in Fuszard B. Self Actualization for Nurses. Rockville, MD: Aspen, 1984, pp: 13-26. » > 8 Professional Mursing in the Philippines, § ——————— Scanned with CamScanner6. Brint, S. In the Age of Experts: The Changing Roles of Professionals in Politics and Public Life. Princeton, NJ: Princeton University Press, 1994. 7. Ibid. 8. Bixler, G.K..“The Professional-Status of Nursing.” The American Journal of Nursing, 59:1142-1146, August 1959. 9. ICN 15th Quadrennial Congress, Mexico'City. Plenary Session. May 16, 1967. 10. Republic Act 9173, Section 28. 11. CHED Memo Order No. 5, 2008. 12. Enrichment of Nursing Courses: A Guide. Association of Deans of Philippine Colleges of Nursing Inc., 1990. 13. Ibid. 14. Appendix H-Policies for Bachelor of Science in Nursing (BSN) Curriculum Program. —— Nursing as a Profession 9 Scanned with CamScanner2 aa License to Practice Nursing DEFINITION OF LICENSE ~ Alicense isa legal document given by the government that permits a person to offer to the public his or her skills and knowledge ina particular jurisdiction, where such practice would otherwise be unlawful without a license.’ The license to practice nursing is granted by the appropriate authority to applicants or candidates who have fulfilled certain established requirements. Such a license permits the nurse to ‘practice within the country or state and gives him/her the privilege of representing herself/himself as a licensed nurse? The appropriate authority to administer, implement, and enforce the regulatory policies of government with respect to the regulation and licensing of the various professions and occupations under its jurisdiction is the Professional Reguiatien Commission (PRC). Need for Licensure The primary purpose of registration is to protect the health of the people by establishing minimum standards which qualified practitioners must meet. Licensure discourages certain persons who may be tempted to misrepresent themselves as nurses. It is the most important tool forlegal contro} and enforcement of nursing practice. It is also used to gather statistical data about nurses and nursing in the country. DEFINITION OF REGISTRATION Registration is the recording of names of persons who have _ qualified under the law to practice their respective professions. 10 Professional Wursting fv the Png pines § $$$ aa §_§ Scanned with CamScannerNurses’ names are recorded ina registry or registration book which contains the following information: 1. full name of registrant; number and date of registration; age, sex and place of birth; place of business; post office address; name of school, college or university from which he or she graduated or in which he or she has studied; 7. date of such graduation or term of study, together with the time spent in the study of the profession elsewhere, if any; and 8. allother degrees granted to him or her from other institutions of learning. ee py A certificate of registration is issued by the PRC to show such qualification. Registration Required’ Under the Philippine Nursing Act of 2002, R.A. 9173, Sections 12 and 20 state that license to practice nursing shall be issued to those who(pass the licensure examination or by@eiprocity. > REGISTRATION BY RECIPROCITY (R.A. 9173, SEC. 20)* Reciprocity means mutuality in the grant and enjoyment of privileges between persons or nations. As applied to the professions, itis a relation established by law, treaty or agreement between two countries or states, whereby each country or state grants to citizens of each other, the privilege of being admitted to the practice of the profession within their respective territorial jurjsdictions. Reciprocity is based on the principle of “doit des” which means that for a country to expect a favor from another, it should be willing to give a corresponding favor. SEC. 20. Registration by Reciprocity. A certificate of registration/ professional license may be issued without examination to nurses registered under the laws ofa 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- —— License to Practice Nursing 77 Scanned with CamScannerProvided, further, That the laws of such state or country grant the same privileges to registered nurses of the Philippines on the same basis as the subjects or citizens of such foreign state or country. Specifically, these provisions are explained thus: 1. nurses registered in the Philippines desiring to practice in said foreign state or country are granted under its laws the same privileges as those accorded to its subjects or citizens and as are enforced by them, Proof of such reciprocity may be verified from the Department of Foreign Affairs; 2. the applicant is a nurse registered under the law of her/his state or country; 7 3. the requirements for registration or licensing of nurses in a foreign country or state where the applicant is registered as nurse are substantially the same as those prescribed under this Act; and 4. the applicant has resided in the Philippines for at least three consecutive years as provided by R.A. 5181.° Applicants for registration as nurses by reciprocity shall present to the Board of Nursing a properly completed application on the prescribed form, together with their respective certificates of registration as nurse granted by their state or country. In addition, the following shall be attached:* a. acertification from the Commission on Immigration and Deportation stating that they have been residents of the Philippines for at least three (3) years prior to registration; b. acopy of the law or petition thereof showing reciprocal practice with the Philippines; and c. acopy of their officially approved Bachelor of Science in Nursing curriculum. SEC. 21. Practice Through Special/Temporary Permit. A special/ temporary permit may be issued by the Board to the following persons subject to the approval of the Commission and upon payment of the prescribed fees: (a) Licensed nurses from foreign countries/states whose service are either-for-a-fee or free if they are internationally well- 12 Professional Marsing in the Philippines ———__——____ Scanned with CamScannerknown specialists or outstanding experts in any branch or specialty of nursing; (b) Licensed nurses from foreign countries/states on medical mission whose services shall be free ina Particular hospital, center or clinic; and (c) Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing; Provided, however, That the special/temporary permit shall be effective only for the duration of the project, medical mission or employment contract. REGISTRATION BY EXAMINATION A: Examination and Registration’ SEC. 12. Licensure Examination. All applicants for registration as a nurse and issuance of a certificate of registration and professional identification card to practice nursing shall be required to pass a written examination which shall be given by the Board in such places and dates as maybe designated by the Commission. Such examination must be in accordance with and fully compliant with RA No. 8981. SEC. 13. Qualifications for Admission to the Licensure Examination. In order to be admitted to the examination for nurses, an applicant must, at the time of filing his/her application, establish to the satisfaction of the Board that he or she (refer to Appendix C. Implementing Rules & Regulation of the Philippine Nursing Act of 2002 RA 9173). (a) 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 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; (b) Is of good moral character; and (c) Isaholder of a Bachelor’s Degree in Nursing froma college or university that complies with the standards of nursing ————— -.education duly recognized by the proper governmentagency. License to Practice Nursing 13 Scanned with CamScannerB.. Requirements for Examination® For purposes of applying for the nursing licensure examination, the following documents are required of each applicant: 1. Original transcript of records with Special Order from the Department of Education, Culture and Sports unless he/ she is a graduate of a Level Il accredited nursing program; 2. For state colleges and universiti¢s, original transcript of records with date of graduation; 3. Record of actual related learning experiences for the entire Bachelor of Science in Nursing program duly signed by the Chief Nurse of the hospital or her duly authorized representative in addition to that of the Dean of the nursing school and the clinical instructor; 4. Actual number of operating room scrubs and deliveries assisted, signed by the Chief Nurse or her duly authorized representative in addition to that of the Dean of the nursing school and the clinical instructor; 5. Where applicable: Birth Certificate, Marriage Certificate, Alien Certificate of Naturalization, and Clearance showing dismissal of case from the Court or Prosecutot’s Office, if any. The application form, together with the requirements, should be filed at the Professional Regulation Commission ten (10) days prior to the first day of the examination. aoe C. Fees for Examination and Registration’ Applicants for licensure and for ices shall pay the prescribed fees set by the Commission. D. Scope of Examination” SEC. 14. Scope of Examination. The scope of the examination 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_ 14 Professional Mursing in the Philippines § Scanned with CamScannerdisciplines and competencies in determining the subjects of examinations. Since May 1994, an integrated comprehensive nursing licensure examination has been designed to better measure the level of competence or-proficiency rather than the compartmentalized subject area examination. It cuts across clinical nursing areas where examinees answer. questions that necessitate recognition and understanding of concepts, theories, and principles as well as the skills and attitudes involved in a given test problem situation. It draws knowledge from the five broad areas of nursing— Fundamentals of Nursing; Maternal and Child Nursing; Community Health Nursing; Nursing of Adolescents, Adults, and Aged; and Mental Health and Psychiatric Nursing, including Physiology and Anatomy, Pharmacology and Therapeutics, Microbiology and Diet Therapy. The examination shall be divided into four parts organized around four major goals in nursing: promotive, preventive, curative, and rehabilitative (see Appendix J). E. Citizenship Requirements The following are citizens of the Philippines as per Article IV Section 1-5 of the 1987 Philippine Constitution:" * Section 1 (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. (2) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of 1935. Section 2. A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship. Section 3. The Philippine citizenship may be lost or re-acquired in the manner provided for by law. Section 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any ac act 7 acquire or perfect the Philippine citizenship. Soe ares License to Practice Mursing. 15 Scanned with CamScannerInjus sanguinis doctrine, the nationality of a personis determined by the law of his descent or parentage; the child follows the citizenship of his father. In jus soli doctrine, the nationality of a person is determined by the law of the place of his birth; the child born in a foreign country, whatever may be the citizenship of the father, is a citizen of that country. Naturalization is the act of adopting a foreigner and giving him. the privileges of a native citizen. F. Rating of the Nursing Licensure Examination” SEC.15. Ratings. In order to pass the examination, an examinee must obtain a general average of at least 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 rating below sixty percent (60%) in any subject must take the examination again but only in the subject or subjects where he/she is rated below sixty percent (60%). In order to pass:the succeeding examination, anexaminee must obtain a rating of at least seventy-five percent (75%) in the subject or subjects repeated. Renewal examination shall be taken within two years after the last failed examination. ] Reconsideration of Ratings."* Requests for reconsideration of ratings may be entertained only on grounds of mechanical, clerical, or clear errors; or if it is conclusively shown that there had been malfeasance in the rating of papers. Such requests should be filed with the Commission within ninety (90) days from the date of the official release of the examination results. It is only after the review of the test papers that the examinee shall file the request for reconsideration in accordance with the aforecited provision. OATH-TAKING OF NURSES Oath All successful candidates in the examination shall be required —te-take-an oath of profession before the Board or any government 16 Professional Nursing in the Philippines § —————————____________ Scanned with CamScannerofficial authorized to administer oaths prior to entering the nursing practice." The schedule of mass oath-taking (date and place) is within fifteen days upon the release of the results of the licensure examination, which is included in a press release issued by the Professional Regulation Commission." The professional oath includes a pledge to support and defend the Constitution, bear true faith and allegiance to the same, obey the laws, legal orders and decrees promulgated by the duly constituted authorities of the Philippines and adherence to the ethical and professional standards of nursing.'® . The Commission, during the mass oath-taking, is assisted by the accredited professional organization. At this time, the nurses are inducted as new members of their professional organization. Oath of Professional Nurses L of hereby solemnly swear that I will support and defend the . Constitution of the Philippines; that Iwill bear true faith and allegiance to the same; that Iwill obey the laws, legal orders, and executive orders promulgated by the. duly constituted authorities of the Republic of the Philippines; and that Timpose this obligation upon myself votuntarily, without mental reservation or purpose of evasion. I further solemnly swear that at all times and places I will adhere closely to the ethical and professional rules generally accepted by the Nursing Profession in the Philippines, and that I will well and faithfully discharge to the best of my ability the duties and obligations incumbent upon a legally authorized nurse practitioner. So help me God. Issuance of Certificate of Registration/Professional License and Professional Identification Card” Acertificate of registration/professional license as a nurse shall be issued to an applicant who-passesthe examination upon - — Lcense to Practice Wursing 17 Scanned with CamScannerpayment of the prescribed fees. Every certificate of registration/ professional license 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. A professional identification card, duly signed by the Chairperson of the Commission, bearing the date of registration, license number, and the date of issuance and expiration thereof shall likewise be issued to every registrant upon payment of the required fees. ANNUAL REGISTRATION’? Every practicing professional or practitioner of the occupations regulated by the Professional Regulation Commission shall pay a fee for three (3) years which shall be paid on the professional's birth month. Should a professional fail to pay the annual registration fee on his/her birth month on the expiry year that it is due, a surcharge of twenty percent shall be charged and for each calendar year thereafter that payment has not been made. If after a lapse of five continuous years from the year it was last paid the annual -Tegistration fee has never been paid, the delinquent's certificate of registration shall be considered suspended and the practitioner's name shall be dropped from the aniual roster for not having been in good standing. The professional may be reinstated only upon application and payment of the required fee provided for registration as nurse without examination.” Should a registered practitioner desire to stop practicing his/her profession, he/she should inform the Board concerned in writing within one year from the time that he/she stopped practicing in order to exempt him/her from the paymentof annual registration fee. Should he/she intend to resume practice his/her name shall be reinstated in the annual roster. The annual registration card, at least for the calendar year immediately preceding, shall be presented to the collection agent of the Bureau of Internal Revenue when paying his/her professional ~-tax. The registration number, date of issuance, and the year shown 18 Professional Nursing in the Philippines§ Scanned with CamScanneron the card shall be indicated on the official receipt as evidence that the payor is authorized by law to practice the profession.” Automatic Registration of Nurses”! All nurses whose names appear at the roster of nurses shall be automatically or ipso facto registered as nurses under this Act upon its effectivity. 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 moral tutpitude or any person guilty of immoral or dishonorable conduct or any person declared by the court to be of unsound mind shall be registered and issued a certificate of tegistration/professional license or a special/temporary permit. The Board shall furnish the applicant a written statement setting forth the reasons for its actions, which shall be incorporated in the records of the Board. RENEWAL OF THE NURSE'S LICENSE Every registered nurse shall renew his/her license every three years with the Professional Regulation Commission on the form prescribed, not later than the due date indicated in the Professional Regulation Commission license card and pay the prescribed fee. PRC Resolution Number 2004-179 series of 2004 entitled “Standardized Guidelines and Procedures for the Implementation. of the Continuing Professional Education for Professionals” requires that the total CPE credits for registered professionals with a Baccalaureate Degree shall be sixty (60) credits for three years. Any excess credits earned shall not be carried over to the next three-year period except for doctoral and masteral degrees.” Please refer to Appendix L. License to Practice Hursing -29 Scanned with CamScannerREVOCATION OR SUSPENSION OF CERTIFICATES OF REGISTRATION The license to practice nursing is not a permanent or vested right since it may be granted upon condition and it may be held subject to conditions. If these coriditions are breached or violated, the authority that issues such may revoke this license. A license cannot be revoked arbitrarily, it can only be revoked for special causes. As provided by the Philippine Nursing Act of 2002 R.A. 9173, Section 23, the Nursing Board of the Professional Regulation Commission shall have the power to revoke or suspend the certificate of registration/professional license or cancel the special/ temporary permit of a nurse upon any of the following grounds: (a) For any of the causes mentioned in Section 22 of RA 9173; (b) For unprofessional and unethical conduct; (c) For gross incompetence or serious ignorance; (d) For malpractice or negligence in the practice of nursing; (e) For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit; : (f) For violation of this Act, the implementing rules and regulations, Code of Ethics for Nurses and Code of Technical Standards for nursing practice, policies of-the-Board and the Commission, or the conditions and limitations for the issuance of the temporary/special permit; or (g) For practicing his/her profession during his/her suspension from such practice. Provided, however, That the suspension of the certificate of registration/professional license shall be for a period not exceeding four (4) years. ‘ RE-ISSUANCE OF REVOKED CERTIFICATES* SEC.24. Re-issuance: ¥ Revoked Certificates and Replacement of Lost Certificates. The Board may, after the expiration of a minimum of four (4) years from the date of revocation of a certificate, for reasons 20 Professissal Nursing in the Philippines § = _______________ Scanned with CamScanner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. Anew certificate of registration/professional license to replace a certificate that has been lost, destroyed or mutilated may be issued, subject to the rules of the Board. Suspension means that the nurse is not allowed to practice temporarily until final judgment of the case against him or her is rendered. The license is not confiscated. On the other hand, revocation means that the license to practice is confiscated either temporarily or permanently. Prohibitions in the Practice of Nursing® 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: (1) without a certificate of registration/professional license and professional identification card or special/ temporary permit or-without having been declared exempt from examination in accordance with the provision of this Act; or (2) who uses as his/her own certificate of registration/ professional license and professional identification card or special temporary permit of another; or (3) who uses an invalid certificate of registration/ professional license, a suspended or revoked certificate of registration/professional license, or an expired’ or cancelled special/temporary permit; or (4) who gives any false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit; or (5) who falsely poses or advertises as a registered and licensed-nurse-or-uses any other means that tend to we ate — License to Practice Nursing 27 Scanned with CamScannerconvey the impression that he/she is a registered and licensed nurse; or (6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar appendage to his/her name without having been conferred-said degree or registration; or (7) who, asa registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing. (b) any person or the chief executive officer of a juridical entity who 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 ajuridical entity violating any provision of this Act and its rules and regulations. DUE PROCESS OF LAW Concepts of Due Process Under the Bill of Rights provided in the Constitution of the Philippines, “no person shall be deprived of life, liberty or property without due process of law nor shall any person be denied equal protection of the laws.” The term “due process of law” is defined as a “law which hears before it condemns, which proceeds upon inquiry and‘renders judgment only after trial’. This means that every citizen shall hold his life, liberty, property and immunities under protection of the general rule which governs society. Due process of law means such exercise of the powers of the government as the settled maxim of law permits and sanctions. The fundamental requirement of due process of law is an opportunity for hearing and defense. 22 Professional Wursing in the Philippines Scanned with CamScannerFUNDAMENTAL REQUIREMENTS OF DUE PROCESS Following are the fundamental requirements of due process as provided in Article III Section 14 of the New Constitution:” stating that no person shall be held to answer for a criminal offense without due process of law. The Constitutional rights of the accused are enumerated as follows: 1. the accused is presumed innocent until the contrary is proved; 2. the right to free access to the courts and adequate legal assistance; the right to remain silent and to have competent and independent counsel preferably of his/her:own choice. If he/she cannot afford the services of a counsel, he/she must be provided one; 4. the right to bail and protection against excessive bail; the right to presumption of innocence until the contrary is proved; 6. the right to be heard by himself/herself and counsel; the right to, be informed of the nature or the cause of the accusation against him/her; the right to have a speedy, impartial, and public trial; the right to meet the witness face to face; 10. the right to have a compulsory process to secure the attention of witnesses face to face and the production of evidence on his/her behalf; 11. the right against self-incrimination; 12. the right, when under investigation for the commission of an offense, to remain silent and to counsel, and to be informed of his/her right; 13. the right against the use of force, violence, threat, intimidation or any other means which vitiates the free will; 14. the right against cruel and unusual punishment; 15. the right against excessive fines; and 16. the right against double jeopardy. bd y be oP $$ License to Practice Nursing 23 Scanned with CamScannerREFERENCES 1 Creighton, H. Law Every Nurse Should Know. Philadelphia: W.B. Saunders Co., 1970. Ibid. . . Republic Act 9173, Sections 12 and 20; IRR Sec. 12 & 20. Ibid, Section 20. . Republic Act 5181. . Republic Act 9173, Section 20. . R.A. 9173, Sec. 12. . BON - Implementing Rules & Regulations of RA 9173. . R.A. 9173, Sec. 18. 10. R.A. 9173, Section 14. . 1987 Constitution of the Philippines, Art IV Sec 1-5. 12. RA 9173, Sec. 15. 14. 15. 16. . Rules and Regulations Governing Board Examinations, September 17, 1992 Rule 19. PRC BON Implementing Rules and Regulations, RA 9173 Sec. 1b. : PRC Rec. No. 93-268, April 19, 1993. PRC BON Implementing Rules and Regulations Sec. 16. 17. RA. 9173, Sec. 17. 18. 19. 20. 21. 22. 23. PRC Rules and Regulations Art. III Sec 41. RA. 465 Sec 3 as Amended by R.A. 6511. Ibid. RA. 9173, Sec. 19. RA. 9173, Sec. 22. PRC Res. No. 2004 - 179 R 2004 Sec. 14. 24. R.A. 9173, Sec. 24. 25. RA. 9173, Sec. 35. 26. 1987 Constitution of the Philippines, Art III, Sec 14 (0). 27. Ibid, Art III Sec 14. 28. Ibid, Art III Sec 12-21. 24 Professional Nersing in the Philippines Scanned with CamScannerThe Licensing Board POWER TO REGULATE THE PROFESSION THE POWER to regulate the established professions in the Philippines and to examine the applicants to practice the same is vested upon the-Professional Regulation Commission (PRC) as created by Presidential Decree 223. The PRC is now an agency of its own. The regulatory power with respect to the nursing profession is conferred upon the Professional Regulatory Board of Nursing. However, PD 223 has-been repealed by RA 8981, “The PRC Modernization Act of 2000." ORGANIZATION AND COMPOSITION? Republic Act 9173 provides for the creation of a Professional Regulatory Board of Nursing. SEC 4. Composition of the Board. The Board created under Section 3, Article III of the said Nursing Act shall-be composed of a Chairperson and six (6) members, representing the three (3) areas of nursing, namely, nursing education, nursing service, and community health nursing. The Board shall be under the administrative supervision and control of the Commission, and as such: a. all records of the Board, including applications for examinations, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission; and b. the Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services needed by the Board to implement the provisions of the said Nursing Act. —__——— The Licensing Board 25 Scanned with CamScannerMembers of the Board are appointed by the President of the Philippines and confirmed by the Commission on Appointments? Members of the Board of Nursing may be appointed by: 1. Regular appointment. The Philippine Nurses Association certifies for appointment to the Nursing Board of the Professional Regulation Commission, twelve candidates who possess the required qualifications. They are ranked accordingly. The list of the twelve certified nominees are forwarded to the Commissioner of the Professional Regulation Commission for further screening. The. Commissioner, in turn, submits the first six from the list to the President of the Philippines. The President appoints the board member. Such appointment is confirmed by the Commission on Appointments. 2. Ad Interim appointment. A board member is appointed in the meantime to fill in a vacancy or perform the duties of an office during the absence of the regular incumbent. There is no definite term of appointment. 3. Doctrine of Hold-Over. In this instance, a member of the Nursing Board’ is permitted to continue to exercise the functions of the office after the end of his/her lawful term until replaced. SEC 5. Appointment. The-Chairperson and six members shall be appointed by the President of the Republic of the Philippines upon the recommendation of the Commission: Provided, That all those who will be recommended by the Commission to the President for appointment shall be duly licensed/registered nurses chosen only from among the nominees submitted by the accredited professional organization of nurses in the Philippines to the Commission to fill up vacancies. For this purpose, the following shall strictly be observed/complied with: a. The Commission shall, before the last year of the term of office of any member, notify and request the accredited professional organization of nurses in the Philippines to submit to the Commission at least three (3) qualified nominees per-vacancy. 26. Professional Mursing in the Philipplmes § Scanned with CamScannerb. The accredited professional organization of nurses shall upon receipt of the Commission's request screen and rank qualified nurses only for the purpose and submit three (3) nominees, per vacancy, to the Commission not later than three months before the vacancy occurs. c. The Commission, upon receipt of the list of nominees of the accredited professional organization of nurses in the Philippines, shall rank said nominees and submit to the President of the Philippines two (2) nominees, per vacancy, not later than two (2) months before the vacancy occurs, with the request that the appointment be issued not later than thirty (30) days before the scheduled licensure examinations. d. Reappointment shall be subject to the provisions of E.O. No. 496. e. The necessary operating procedures to ensure strict compliance therewith shall be embodied ina Memorandum of Agreement (MOA) by the Commission and the accredited professional organization of nurses. QUALIFICATIONS OF MEMBERS. TO THE NURSING BOARD SEC. 6. Qualifications of the Chairperson and Members. The Chairpefson and members of the Board shall, at the time of their appointment, possess the following qualifications: a. anatural born citizen and resident of the Philippines; b. amember of good standing of the accredited professional organization of nurses; c. aregistered nurse and holder of a master’s degree in nursing, education or other allied medical profession conferred by a college or university duly recégnized by the Government, provided that the Chairperson and majority of the Members must be holders of a master’s degree in nursing; d. must have at least ten (10) years of continuous practice of the profession prior to appointment, the last five (5) years of which must be in the Philippines; and $$! The Ucensing Board 27 Scanned with CamScanner