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RA 9173 is

Philippine Nursing Act of 2002

RA 9173 Provisions on Nursing Education


Rules on licensure exam with the exclusion of a requirement of the refresher course.

Purpose of Inclusion/Improvement
In R.A. 7164, if the exam was taken for 3 times without passing, a refresher course is required. While in R.A. 9173, the taker could have the exam countless times without a refresher course. 1 month didactic program and 3 months practicum in any hospital accredited to conduct continuing education units. This ensures the quality and competency of the nurse. Deans of the college should be equipped with the right knowledge and mastery of the subject. The Dean should have sufficient experience on how to manage the college. It makes the scope of nursing practice easier to understand and apply. At the same time, it sets a higher standard and quality of all nurses is maintained. Trainings and seminars updates all nurses with current setups and new information, procedures, and skills. In R.A. 7164, A Master of Arts in Nursing Major in Nursing Service Administration and 9 units of Management courses is required. The new provision only gives power to those who are qualified and already have the degree. This act allowed more aspiring nurses to enroll in the Colleges of Nursing.

Addition of a section: Requirements for nurses who have not actively practiced for 5 consecutive years. Revision on the qualifications of the faculty and dean of the College of Nursing. Simplification but comprehensiveness in the scope of nursing practice. Refocusing on continuing professional education with trainings and seminar. Enrichment on the qualifications of Nursing service administrators by giving priority to those with Masters degree in Nursing and general staff course. This act also repealed Section 23 Article IV of R.A. 7164 that states Applicants desiring to enroll in nursing course must belong to the 40% of the graduating class in general secondary education duly certified by the principal.

Bits of Info about RA 9173

Senate Bill # 2292 Signed on Oct 21, 2002 by Pres Arroyo Purpose: new law that will regulate the education, training, examination, registration, and practice of the nursing profession According to Flavier: the bill seeks to balance between ensuring availability of globally competitive nurses in the Philippines for the Filipinos without depriving their right to earn a comfortable life abroad

Background Information
Increase Demand For Nurses Abroad Rise in enrollment rate Increase in number of schools and universities

High Percentage of Nursing Graduates Leave the country for work

Need for a more Responsive Nursing Profession Act

RA 9173

Definition of Terms

Natural Born Citizenthose who are citizens of the Philippines from birth w/o having to perform any act to acquire or perfect their citizenship Resident a person living in the country or a person that has an intention of returning to the country, even though based or living abroad or has not severed his local residence as his place of domicile Moral Turpitudeis anything which is done contrary to justice, honesty, modesty, or good morals, or any act that is considered as vile, base or depraved contrary to the accepted rule of right and duty between man and his fellow man

Conflict of Interestone is not allowed to directly or indirectly practice any other profession, participate in any business, or be financial interested in any contract with, or in any franchise, or special privilege granted by the government or any other subdivision, agency or instrumentality thereof, including governmentowned or controlled corporations or their subsidiaries Term of Officedenote the period during which an appointee is entitled to hold office

Subpoena duces tecumcompel the production of certain specific documents and other items, material and relevant facts in issue in a pending proceeding , which documents and items are in custody and control of person or body served with process Subpoena ad testificandumcommand issued by a governing body to a person to appear and give testimony upon a certain matter Contemptwillful disregard or disobedience of a public authority

Removalforcible and permanent separation of the incumbent from office before the expiration of his term Suspensiontemporary withdrawal or cessation from employment Reciprocitya term used to denote the relation existing between two sovereign states when each of them gives the subjects of the other state certain privileges, on condition that its own subjects shall enjoy similar privileges at the hands of the other state

ARTCLE 1 Title

ARTICLE 2 Declaration of Policy

ARTICLE 3 Organization of the Nursing Board Composition Qualifications Term of Office Compensation Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services Powers and Duties of the Board Annual Report Removal or Suspension of Board Members

ARTICLE 4 Examination and Registration Licensure Examination Scope Ratings Oath Issuance of License Fees for Exam and Registration Automatic Registration of Nurses Registration by Reciprocity Practice through Special/Temp Permit Non Registration and Non-issuance of Certificates of Registration Revocation and Suspension of Certificate Re-issuance of Revoked Certificates and Replacement of Lost Certificates

ARTICLE 5 Nursing Education Nursing Education Program Requirement for Inactive Nurses Returning to Practice Qualifications of Faculty ARTICLE 6 Nursing Practice Scope Qualifications of Nursing Service Administrators

ARTICLE 7 Health Human Resource Production, Utilization and Development Studies for Manpower needs, production, utilization and development Comprehensive nursing specialty program Salary Funding for the Comprehensive Nursing Specialty Program Incentive and Benefits ARTICLE 8 Penal and Miscellaneous Provisions Prohibitions in the practice of nursing

ARTICLE 9 Final Provisions Enforcement of this Act Appropriations Rules and Regulations Separability Clause Repealing Clause Effectivity

ARTCLE 1 Section 1. Title Phil Nursing Act of 2002 This law repealed RA 7164 Repeal is more appropriate than introducing line by line amendments because it would have been a tedious process if articles and sections are individually amended. House of Representatives has already passed their version which was also a repeal of the old law Senator Angara, the principal author of RA 7164 agreed to the repeal and he said that the changes made would modernize the Nursing profession

ARTICLE 2 Section 2. Declaration of Policy Policy of the state to assume responsibility for the protection and improvement of the nursing profession State guarantees the delivery of quality basic health services through an adequate nursing personnel system throughout the country

ARTICLE 3 Organization of the Nursing Board Section 3. Creation and Composition of the Board Creation of the Board of Nursing with 6 members and the chairperson to conduct supervisory and regulatory functions representing three areas of nursing namely: nursing education, nursing service and community health nursing The increase was deemed necessary because of the large increase in the number of nurses, students and nursing schools. Submission of names of qualified nominees by APO to the Commission 3 nominees per vacancy not later than 3 months before the vacancy The Commission submits to the Office of the President 2 nominees per vacancy not later than 2 months before the vacancy occurs. The appointment must be issued not later than 30 days before the scheduled licensure exam

Section 4. Qualifications Natural born resident and resident of the Phils Member of good standing of the APO of nurses RN and a holder of Masters in Nursing , Education or other Allied Medical Profession provided majority of members shall be holders of Masters in Nursing and the Chairperson shall be a holder of Masters in Nursing At least 10 years continuous practice prior to appointment provided the last 5 years of which is in the Phils Not have been convicted of any offense involving moral turpitude

Section 5. Requirements Upon Qualification as Member of the Nursing Board Any member shall not have any pecuniary interest or administrative supervision over any institution (public or private) offering Bachelor of Science in Nursing including review classes

Section 6. Term of Office Three years term provided successors have been appointed and qualified Can be reappointed for another term Vacancy shall be filled only for the unexpired term Section 7. Compensation Based on the salary grades provided for by the Salary Standardization Law

Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services Board is under the admin supervision of PRC All records of Board shall be under custody of PRC PRC shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of RA 9173

Section 9. Powers and Duties of the Board Conduct Licensure exam Issue, suspend, revoke certificates of registration Monitor and enforce quality standards of nursing practice in the Phils Ensure quality education by making recommendations to CHED on the opening and closure of nursing schools Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of the Act Issue subpoena ad testificandum, subpoena duces tecum and punish with contempt persons impeding proceedings upon application with the appropriate judicial body having jurisdiction of the case Promulgate a Code of Ethics in coordination with APO within 1 year from effectivity Recognize nursing specialty orgs in coordination with APO Prescribe, adopt, issue and promulgate guidelines for the improvement of nursing practice

Section 10. Annual Report Annual Report at the end of the calendar year submitted by the Board to the President of the Phils through PRC The report is to give a detailed account of its proceedings and accomplishments during the year and to also make recommendations for improvements of nursing profession Section 11. Removal or Suspension of Board Members Continued neglect of duty or incompetence Commission or toleration of irregularities in the licensure exam Unprofessional, immoral or dishonorable conduct

ARTICLE 4 Examination and Registration Section 12. Licensure Examination All applicants for license of practice of Nursing shall be required to pass a licensure exam which shall be given by the Board PRC shall administer and conduct licensure exam PRC designates the place and time of the exam

Section 13. Qualification for Admission to the Licensure Exam Citizen/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 the reqts for licensing in said country are substantially the same as those prescribed in the Act Good moral character Graduate of BSN that complies with standards of nursing education duly recognized by the proper govt agency

Section 14. Scope of Exam To be determined by the Board Board should take into consideration the objectives of the nursing curriculum, broad areas of nursing and other related disciplines and competencies Section 15. Ratings Regular Passersomeone who obtains a general average of at least 75% with a rating not below 60% in any subject Conditional Passera general average of at least 75% but gets a rating below 60% in one or more subjects. Conditional Passer is required to take the subjects failed and must have a rating of at least 75% in the subject(s) repeated

Section 16. Oath All successful candidates shall be required to take an oath of profession before the Board or any govt official authorized prior to entering upon the nursing practice Section 17. Issuance of License Successful candidate(passer) upon payment of prescribed fees and proper application procedures Certificate of registration shall show full name, serial number, signature of Chairperson of PRC and members of the Boards and official seal of PRC Professional license card shall show full name, license number, date of issuance and expiration, date or registration and the signature of Chairperson of PRC

Section 18. Fees for Exam and Registration Prescribed by PRC Section 19. Automatic Registration of Nurses All nurses whose names at the roster of nurses shall be automatically registered as nurses under this Act upon its effectivity

Section 20. Registration by Reciprocity A certificate of registration may be issued without examination to nurses registered under the laws of a foreign state provided that the reqts for registration is substantially the same as those prescribed under this Act and that the laws of such state grant the same privileges to registered nurses of the Phils on the same basis as the subjects of such foreign state.

Section 21. Practice through Special/Temp Permit Licensed nurses from foreign states whose service are either for a free or fee if they are internationally well known or experts in a nursing specialty Licensed nurses from foreign states n medical mission (free services) Licensed nurses from foreign states employed by nursing schools as exchange professors in a nursing specialty Special and Temp Permit effective only for the duration of the contract/project/medical mission Board issues Temp permit upon approval and payment of fees Section 22. Non-Registration and Non-issuance of Certificates of Registration/License/Special or Temp Permit Convicted by final judgment of any criminal offense involving moral turpitude Unsound mind

Section 23. Revocation and Suspension of Certificate For any of the causes mentioned in the preceding section Unprofessional and unethical conduct Gross incompetence or serious ignorance Malpractice or negligence in the practice of nursing Use of fraud, deceit, or false statements in obtaining a certificate For violation of this Act, Code of Ethics for nurses and technical standards of nursing practice, policies of Board and PRC, or the conditions and limitations for the issuance of the temporary/special permit For practicing profession during suspension provided that suspension of certificate shall be for a period not to exceed 4 years

Section 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates After the expiration of maximum of 4 years from date or revocation when the cause has disappeared or has been cured and corrected and upon proper application and payment of fees Lost, destroyed, mutilated certificates are replaced subject to rules of the Board

ARTICLE 5 Nursing Education Section 25.Nursing Education Program The program shall provide sound general and professional foundation of practice of nursing The learning experiences shall adhere strictly to specific reqts embodied in the prescribed curriculum as promulgated by CHED policies and standards of nursing education

Section 26. Requirement for Inactive Nurses Returning to Practice For inactive nurses for 5 consecutive years, they are required to undergo 1 month didactic training and 3 months practicum. The Board shall accredit hospitals to conduct the training Section 27. Qualifications of Faculty RN in the Phils At least one year clinical experience Member of good standing in the APO Masters degree in Nursing, education or other allied medical In addition to the aforementioned qualifications, the dean of a nursing school must have a Masters degree in Nursing and should have at least 5 years of experience in Nursing

ARTICLE 6 Nursing Practice Section 28. Scope of Nursing A person is practicing nursing if he/she initiates and performs nursing services to individuals, families and communities in any health care setting It includes but not limited to nursing care during conception, labor, delivery, infancy, childhood, toddler, pre school, school age, adolescence, adulthood and old age Independent functionspromotion of health and prevention of illness Collaborative with other HCP for curative, preventive and rehabilitative aspects of care, restoration of health, alleviation of suffering and when recovery not possible, towards a peaceful death. Duty of the nurse to utilize nursing process, establish linkages with community, coordinate with the health team, provide health education, teach, guide and supervise students, undertake consultation services undertake nursing and health human resource development training and research Nursing care includes: traditional and innovative approach , therapeutic use of self, executing health care techniques and procedures, essential primary health care, comfort measures, health teachings, and administration of written prescription of treatment, therapies, oral, topical and parenteral medications, internal examination during labor in the absence of antenatal bleeding and delivery. Suturing of perineal laceration needs special training

Section 29. Qualifications of Nursing Service Administrators RN in the Phils At least 2 years experience in general nursing service administration BSN with at least 9 units in management and administration courses at the graduate level Member of good standing of APO In addition to the foregoing qualifications, a chief nurse shall have at least 5 years of experience in a supervisory/managerial position in nursing and a Masters in Nursing For primary hospitals the maximum academic qualifications and experiences for a chief nurse shall be RN in the Phils, at least 2 years experience in general nursing service admin, and BSN with at least 9 units in management and admin courses at graduate level Nurses with Masters in Public Health/Community Health Nursing will be prioritized for the chief nurse position in public health agencies Nurses with Masters and have completed GSC (General Staff Course) will be prioritized for the chief nurse position in military hospitals Chief Nurses occupying such positions that have not satisfied the qualifications will be given 5 years within which to qualify

ARTICLE 7 Health Human Resource Production, Utilization and Development Section 30. Studies for Manpower needs, production, utilization and development The Broad in coordination with APO and other appropriate agencies shall initiate, undertake and conduct studies on health human resource production, utilization and development Section 31. Comprehensive Nursing Specialty Program Within 90 days from effectivity of the Act It would upgrade level of skill and competence of specialty nurse clinicians in the country The beneficiaries of this program are obliged to serve in any Phil hospital for a period of at least 2 years of continuous service

Section 32. Salary Minimum base pay for nurses in public health institutions shall not be lower than salary grade 15 Section 33. Funding for the Comprehensive Nursing Specialty Program The funding shall be chargeable against the income of PCSO and PAGCOR DOH will subject the funds to accounting and auditing procedures and shall set the criteria for the availment of this program

Section 34. Incentive and Benefits The Board in coordination with APO, hospitals and appropriate agencies shall establish an incentive and benefit system in the form of free hospital care for nurses and their dependents, scholarship grants and other non-cash benefits Government and private hospitals are mandated to maintain the standard nurse to patient ratio of 1:20 for general ward and 1:1 for ICU

ARTICLE 8 Penal and Miscellaneous Provisions Section 35.Prohibitions in the Practice of Nursing Fine of not less than 50K pesos nor more than 100K pesos or imprisonment of not less than 1 year nor more than 6 years or both Grounds include persons who practice without valid certificate/license/permit; RNs who assists the illegal practice of person who is not lawfully qualified to practice Nursing; any person who undertakes in-service educational programs or who conducts review classes for both local and foreign exams without proper permits or clearance; any person who violate minimum base pay or nurses and incentives and benefits that should be accorded to them; any person violating any provision of this

ARTICLE 9 Final Provisions Section 36. Enforcement of this Act Primary duty of PRC and the Board with the help of other agencies Section 37. Appropriations Chairman or PRC shall immediately include in its program and issue rules and regulations to implant the provisions of this Act Section 38. Rules and Regulations Within 90 days after effectivity, the Board, PRC and other appropriate agencies shall formulate rules and regulations necessary to carry out the provisions of this Act The IRR shall be published in the Official Gazette or in any newspaper

Section 39. Separability Cause If any part is declared unconstitutional, the other parts not affected thereby shall continue to be valid and operational Section 40. Repealing Clause RA 7164 is hereby repealed Section 41. Effectivity Takes effect 15 days upon its publication in the Official Gazette or in any 2 newspapers of general circulation in the Phils

COMPARISON OF THE SALIENT DIFFERENCES of RA 7154 and RA 9173

RA 7164
Title Phil Nursing Act of 1991

RA 9173
Phil Nursing Act of 2002

Author/Sponsors

Sen Ed Angara

Sen Juan Flavier, Manuel Villar, Loren Legarda Chairperson and 6 members appointed by Pres from 2 recommendations per vacancy of PRC as chosen from 3 nominees per vacancy of APO

Nursing Board Composition

Chairman plus 4 members from 12 nominees to be appointed by President

RA 7164
Qualifications of the Board Members

RA 9173

Citizen and resident; Natural born citizen and member with good resident; member with standing of accredited good standing of APO; national nurses RN Masters degree association; RN with nursing, Educ, other Masters in Nursing; not allied medical provided a holder of green card chairperson and or equiv; no history of majority of members being convicted of any have Masteral in offense involving moral Nursing; at least 10yrs turpitude continuous practice (last 5 years here in Phils); not convicted of offense involving moral turpitudemembers will represent 3 areas of nursingeducation, service, community health

RA 7164

RA 9173

Specific Licensure exam (within 120 days Licensure exam; issue, Duties submit the exam results to the suspend, revoke certificates President for release and of registration; recommend to publication); issue, suspend, CHED the opening and revoke certificates of closure of nursing related registration; recommend along facilities thus ensuring quality with DECS the opening of education; conduct nursing related facilities ensuring investigations and hearings standards; require RN who against violation of the act graduated from state colleges subpoena ad testificandum, and universities one year of subpoena duces tecum, nursing service to Phils before punish with contempt; going abroad; investigate promulgate Code of Ethics violations of the act summons, with APO within one year of subpoena, power of contempt; effectivity of the act; study conditions affecting recognize nursing specialty nursing practice and promulgate organizations in coordination decisions and measures for with APO; adopt measures to improvement of nursing practice improve nursing practice

RA 7164
Removal of Board Members President remove: Continuous Negligence; incompetence; toleration of irregularities in the exams; unprofessional conduct Citizen or citizen/subject of other countries on virtue of reciprocity; at least 18 y/o; good health; good moral character; BSN holder recognized by appropriate agency *belong to upper 40% of graduating class in secondary school before one can enroll in Nursing course

RA 9173
President suspend or remove: Continuous Negligence; incompetence; toleration of irregularities in the exams; unprofessional conduct Citizen or citizen/subject of other countries on virtue of reciprocity; good moral character; BSN holder from a college or university that complies with the standards of nursing education recognized by appropriate govt agency

Exam Requirements

RA 7164
Rating/ Passing at least 75% general average without a rating below 60% in any subject; if average at least 75% but with a grade of below 60% then retake the subject(s) and grade should be at least 75%; If a person failed 3 exams, he/she will no longer be allowed to take another exam unless he/she enrolls in a refresher course

RA 9173
at least 75% general average without a rating below 60% in any subject; if average at least 75% but with a grade of below 60% in one or more subjects then retake the subject(s) and grade should be at least 75% *Removal exam shall be taken within 2 years after last failed exam

Returning Nurses

Required 1 mo didactic training and 3 mos practicum for inactive nurses of >5 yrs

RA 7164
Revocation and Suspension of Certificates
Grounds: unprofessional and unethical conduct; gross incompetence and serious ignorance; malpractice; negligence

RA 9173
Grounds: unprofessional and unethical conduct; gross incompetence and serious ignorance; malpractice; negligence; fraud, deceit in obtaining a license; violation of the act and/or Code of Ethics for nurses, and other policies; practicing nursing during suspension from such practice * suspension for a period not exceeding 4 years

Qualifications of Faculty

Citizen, RN, at least 3yrs clinical practice in a field of specialization, member of accredited national nurses association, Masters in Nursing or other related fields conferred by the university duly recognized by govt

RN, at least 1 yr of clinical practice, member with good standing APO, Masters in Nursing, education, or other allied medical conferred by university duly recognized by govt

RA 7164
Qualifications Same as faculty of the Dean plus: At least 3yrs experience in teaching and supervision in nursing education; preferably must have a Masters in Admin Qualifications of Nursing Service Administrator s

RA 9173
Same as faculty plus: Masters in Nursing, at least 5yrs of experience in nursing

Priority in appointment a)Chief Nurse in Public Health Agency Masters in PH/Community Nursing b)Chief Nurse in Military Hospital Masters in Nursing with General Staff Course(GSC)

RA 7164
Comprehensive Nursing Specialty Program

RA 9173
for upgrading level of skills and competency of specialty nurse clinicians; 2 years return service required; funding by PCSO and PAGCOR not lower than Salary Grade 15; free hospital care for nurse and dependents; scholarship grants

Salary and Benefits

RA 7164 Prohibitions Fine of not less than 10K nor more than 40K or /Fines

RA 9173

Fine of not less than 50K nor more than 100K or imprisonment of not imprisonment of not less less than 1 year nor more than 6 than 1 year nor more than years or both for: 6 years or both for: a) any person practicing nursing in a) any person practicing the Phils without a valid certificate nursing in the Phils and as a RN assists the practice of without a valid certificate a person who is not lawfully qualified to practice nursing b) any person who undertakes in service b) any person who undertakes in educational programs or service educational programs or review classes for both review classes for both local and local and foreign exams foreign exams without permits without permits person or employer of nurses who c) any person on violation violate the minimum base pay of of the act nurses and the incentives and benefits d) any person on violation of the act

REFERENCES

The Philippine Nursing Act of 2002 Explained by Rodelio T. Dascil, ESQ and David Robert C. Aquino http://www.scribd.com/doc/5486056/RA9173-Philippine-Nursing-Act-of-2002 Professional Nursing in the Philippines 10th Ed by Lydia M. Venzon RN,MAN,FPCHA and Ronald M. Venzon, RN,MAN

Thank you very much!


Prepared by:
April Magbanua, R.N. Diana Grace Uy, R.N.