NURSING
JURISPRUDENCE
(RA 9173)
The Evolution of Nursing Law
ACT NO. 2493=MEDICAL ACT OF 1915
* PROVIDES FOR EXAMINATION AND
REGISTRATION OF NURSES
ACT NO. 2808= ( 1919 )
FIRST NURSING LAW OR ORGANIC ACT IN NURSING
1919=CREATION OF THREE MEMBER BOARD OF
EXAMINERS FOR NURSES
1920= IST BOARD EXAMS FOR NURSES
AMENDMENTS TO ACT NO. 2808:
ACT_______________ and ACT_________________
2. RA 877 = PHILIPPINE NURSING ACT OF
1953
AMENDMENTS TO RA 877:
RA 4704
RA 6136
3. RA 7164= PHILIPPINE NURSING ACT OF
1991
* BOARD MEMBERS TO 5
* UPPER 40% FOR FRESHMEN
* REFRESHER COURSE
* EXPANDS ROLE OF NURSES
* PROVIDED INTRAVENOUS THERAPY
TRAINING ( intravenous practice without
doctor’s supervision)
THE CURRENT NURSING LAW
RA 9173
THE PHILIPPINE NURSING ACT OF 2002
AUTHORS: CONG. CARLOS PADILLA
SEN . JUAN FLAVIER
HOUSE BILL 1084 (10-15-02)
SENATE BILL 2292 ( 10-08-02)
SIGNED INTO LAW OCTOBER 21,2002
COMPOSITION OF RA 9173
9 ARTICLES
41 SECTIONS
BOARD RESOLUTION _____________IMPLEMENTING
RULES AND REGULATIONS (IRR) of RA 9173
ARTICLES AT GLANCE
I- TITLE
II-DECLARATION OF POLICY
III-ORGANIZATION OF THE BOARD OF NURSING
IV-EXAMINATION AND REGISTRATION
V-NURSING EDUCATION
VI-NURSING PRACTICE
VII-HEALTH HUMAN RESOURCE PRODUCTION,UTILIZATION
AND DEVELOPMENT
VIII- PENAL AND MISCELLANEOUS PROVISIONS
IX-FINAL PROVISIONS
SUBSTANTIVE PROVISIONS
ARTICLE I = TITLE
ARTICLE II= DECLARATION OF POLICY
POLICIES OF THE STATE CONCERNING WELFARE
OF NURSES
FOUR MEASURES FOR THE PROTECTION AND
IMPROVEMENT OF NURSING:
1. RELEVANT NURSING EDUCATION
2. HUMANE WORKING CONDITIONS
3. BETTER CAREER PROSPECTS
4. DIGNIFIED EXISTENCE FOR FILIPINO NURSES
ARTICLE III: THE BOARD OF NURSING
Composition and Organizational Chart
BEFORE LEAKAGE AFTER LEAKAGE
PRESIDENT OF THE PHILIPPINES PRESIDENT OF THE PHILIPPINES
I I
PRC DOLE
I I
PROFESSIONAL REGULATORY BOARDS PRC
( BOARD OF NURSING) I
PROFESSIONAL REGULATORY
BOARDS
(BOARD OF NURSING)
BOARD OF NURSING
COMPOSITION: ___________CHAIRPERSON
___________ MEMBERS TOTAL:___________________
EXECUTIVE ORDER 496, SERIES OF 1991
( PROVIDES FOR SELECTION POLICIES )
STAGES FOR SELECTION:
A. NOMINATION _______Number of Nominees ____________________ nominating body
B. RECOMMENDATION_____Number of Recommendees_______________recommending body
C. APPOINTMENT__________Number of Appointees___________________appointing authority
TYPES OF APPOINTMENT:
A. REGULAR
B. AD-INTERIM OR TEMPORARY
C. HOLD-OVER DOCTRINE
QUALIFICATIONS OF BOARD MEMBERS
( Civil Service Doctrine – Merit and Fitness = ____________________________)
Criteria:
CR=
R=
T=
M=
M=
M=
CR – CITIZEN (NATURAL BORN), RESIDENT
R- RN
T- TEN YEARS OF PRACTICE LAST 5 PHILS.
M- MASTERS ( CHAIRMAN + 3)
M-MEMBER APO
M- MORALLY UPRIGHT
THREE AREAS OF NURSING TO BE
REPRESENTED IN THE BOARD OF NURSING:
A. E-
B. S-
C. C-
PROHIBITIONS:
A. FORBIDDEN OFFICE
B. INCOMPATIBLE OFFICE
TERM OF OFFICE VS. TENURE OF OFFICE
COMPENSATION= DOCTRINE OF QUANTUM
MERUIT_______________________________
______
ADMINISTRATIVE SUPERVISION OF BON BY
_____________
PRC AS CUSTODIAN OF BON RECORDS
PROVISION OF SECRETARIAT AND SUPPORT
SERVICES
POWERS AND DUTIES of the BON:
MINISTERIAL ( mandatory )
DISCRETIONARY
MINISTERIAL:
ADMINISTRATIVE
QUASI-JUDICIAL
QUASI-LEGISLATIVE
ADMINISTRATIVE POWERS AND
DUTIES/EXECUTIVE FUNCTIONS
Three grounds for the removal and
suspension of the Board of Nursing
C CONVICTION
U
UNPROFESSIONAL,IMMORAL,UNETHICAL
C COMMISSION/TOLERATION
IRREGULARITIES IN THE BOARD EXAMS
POWER TO REMOVE AND SUSPEND:
(PRESIDENT OF THE PHILIPPINES)
REQUIREMENTS OF DUE PROCESS MUST BE
OBSERVED
DUE PROCESS:
SUBSTANTIVE
PROCEDURAL
A) NOTICE
B) HEARING
ARTICLE IV- EXAMINATION AND
REGISTRATION OF NURSES
LICENSURE: > EXAMINATION > SPECIAL OR
> RECIPROCITY TEMPORARY
> ENDORSEMENT PERMIT
PRC MODERNIZATION ACT 2000
( RA 8981 )
QUALIFICATIONS FOR EXAMS:
1. C=
2. M=
3. B=
SCOPE OF EXAMINATIONS
New Test Framework starting June,2006
Licensure examinations
New Label= The PNLE= Philippine Nurse
Licensure Examinations
Board Resolution 112, series of 2005:
Competency Standards for the Philippine
Nurse Licensure Examinations (PNLE)
11 Key Areas of Nursing Responsibilities
Who determines the scope of PNLE?
_______________________
Factors Considered in Determining the
Scope of PNLE:
1. O=
2. B=
3. O=
RATINGS IN THE BOARD EXAMINATIONS
PASSED_________________________________________________
CONDITIONED____________________________________________
FAILED___________________________________________________
> Is there a requirement for refresher Course?_______________________
> Is there a limitation in the number of board attempts?________________
> Removal for the Conditioned must be taken within ___________ period
after last examination failed
>Rating for removal is ______________
OATH OF OFFICE= requirement prior to entering the nursing practice
Persons who can administer oath of office:
1. ______________________
2.______________________
3.______________________
Meaning of
registration_____________________________________________________
Two documents issued to successful examinees:
1.___________________________________ and
2._________________________________
Contents of Professional Identification
Card:
> s______________________
> d______________________
> l_______________________
> d_______________________
> d_______________________
Registration by Reciprocity
REQUIREMENTS:
1. S-________________________________________________
2. S-________________________________________________
Who May be Given SPECIAL OR TEMPORARY
PERMIT to practice Nursing: ( LICENSED IN
COUNTRY OF ORIGIN)
1. I=
2. M=
3. E=
GROUNDS FOR NON-REGISTRATION AND NON-
ISSUANCE OF LICENSE:
1. C=
2. G=
3. D=
Vested power of: _____________________
REVOCATION______________________ AND
SUSPENSION_________________ OF LICENSE:
1. CONVICTION
2. INSANITY
3. UNPROFESSIONAL UNETHICAL CONDUCT
4. GROSS INCOMPETENCE/ SERIOUS
IGNORANCE
5. MALPRACTICE/NEGLIGENCE
6. FRAUD ,DECEIT, FALSE STATEMENTS TO OBTAIN
LICENSE
6. VIOLATIONS OF RA 9173,IRR,CODE OF ETHICS ETC,
7. PRACTICE WHILE ON SUSPENSION
SUSPENSION SHALL NOT BE MORE THAN _____________YEARS
GROUNDS FOR REISSUANCE OF REVOKED OR SUSPENDED CERTIFICATES
AFTER 4 YEARS
EQUITY AND JUSTICE
CAUSE HAS BEEN CURED OR CORRECTED
PROPER APPLICATION
PAYMENT OF REQUIRED FEES
ARTICLE V
NURSING EDUCATION
> SOUND GENERAL AND PROFESSIONAL
FOUNDATION
> RLE SHALL ADHERE TO_____________
POLICIES AND NURSING STANDARDS
REQUIREMENTS FOR INACTIVE NURSES
(Who are considered INACTIVE?_____________)
Requisites to return to practice:
> O=
> T=
(O- one month didactic T- three
months practicum)
QUALIFICATIONS OF FACULTY:
R=
O=
M=
M=
QUALIFICATIONS OF DEAN:
R=
F=
M=
M=
ARTICLE VI
NURSING PRACTICE
singly/collaboration (IFGC)
Conception-old age
Independent
practitioner=_______________________________________
_______
Member of health
team=____________________________________________
___
Scope of Nursing practice under RA
9173:
T- training
T-eaching
H-ealth education
E-establishment of linkages
N-nursing process
Nursing care through Nursing Process:
> traditional and innovative approach
> therapeutic use of self
> executing health care techniques and procedures
> essential primary health care
> comfort measures
> health teachings
> administration of written prescription for treatment,
therapies, medicines, internal exams
Nursing law does not apply to nursing
students
Observance of code of ethics, standards
and policies of nursing
Competence by continual learning
BASIC QUALIFICATIONS OF STAFF NURSES
B=BSN
R= RN
QUALIFICATIONS OF HEAD
NURSE/SUPERVISOR
R=
T=
M=
M=
QUALIFICATIONS OF CHIEF NURSES IN
SECONDARY/TERTIARY HOSPITALS:
R=
F=
M=
M=
CHIEF NURSES IN MILITARY HOSPITALS:
RFMM + COMPLETION OF GSC
GRACE PERIOD GIVEN TO THOSE WHO
OCCUPIED POSITION BUT ARE NOT
QUALIFIED:
( FIVE YEARS FROM 2003)= 2007-2008
ARTICLE VII
HEALTH HUMAN RESOURCE
PRODUCTION,UTILIZATION;AND
DEVELOPMENT (BON,APO,GO,NGO)
COMPREHENSIVE NURSING SPECIALTY
PROGRAM ( 90 DAYS FROM EFFECTIVITY)
BON,APO,SPO,DOH
AREAS: CRITIRCAL CARE,
ONCOLOGY,RENAL,ETC.
BENEFICIARIES REQUIRED TO SERVE THE
COUNTRY=__________ YEARS CONTINUOUS
SERVICE
COMPREHENSIVE SPECIALTY PROGRAM:
> NC I > NC II > CNS
10 % OF MANPOWER MUST BE TRAINED
PCSO/PAGCOR BUDGET
DOH TO SET CRITERIA
SALARY FOR PUBLIC HEALTH NURSES:
> SALARY GRADE _______________
> ___________________COMPENSATION AND
CLASSIFICATION ACT OF 1989
> ___________________Local Government
Code
> ___________________Magna Carta for Public
Health Workers
ARTICLE VIII
PENAL AND MISCELLANEOUS PROVISIONS
PENALTY- FINE-= 50-100K
IMPRISONMENT: 1-6 years or BOTH
ACTS
PUNISHABLE:________________________________
___ or ______________________________
Acts of Fraudulent Misrepresentation
L=icense or certification not conferred or without having
been declared exempt from examination in accordance
with the provision of this
O=obtain a certificate of registration/professional license,
a professional identification card or special permit falsely
I=invalid certificate of registration/professional license, a
suspended or revoked certificate of
registration/professional license, or an expired or
cancelled special/temporary permits; or
S=submitsany false evidence to the Board in order to
obtain a certificate of registration/professional license, a
professional identification card or special permit
F=falsely poses or advertises as a registered and licensed nurse or
uses any other means that tend to convey the impression that he/she
is a registered and licensed nurse
A=appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered
Nurse) or any similar appendage to his/her name without having been
coferred said degree or registration
U=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
R=registered and licensed nurse, abets or assists the illegal practice
of a person who is not lawfully qualified to practice nursing
A= ny 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
AGENCIES WITH DUTY TO ENFORCE
NURSING LAW
> PRC
> BON
> DULY CONSTITUTED OFFICERS OF THE LAW
>LOCAL GOVERNMENT AUTHORITIES
When can a nurse practice medicine?
1. MD SERVICES NOT AVAILABLE
2. THERE IS
EMERGENCY/CALAMITY
3. AUTHORIZATION FROM DOH SEC.
4. CEASE UPON TERMINATION OF
CALAMITY/EMERGENCY
When can a nurse practice
midwifery?
1. COMPLETE SCRUBS 20
2. PASS THE BOARD EXAMS
CURRENT UPDATES ON THE PROPOSED
REVISION of RA 9173:
House Bill: HB4567 by Congressman Padilla May 5,
2011
SB – 2988 Ralph Recto Oct. 10, 2011
Salient Provisions included in the Revision:
The revisions seek to initiate reforms in Nursing
Practice to further protect and develop the nursing
profession to make nurses responsive to the needs
of the clients and the public and private health
systems locally and globally.