RA 9173 Philippine Nursing Act of 2002 PDF

RA 9173 Article I - Title Section 1. Title - Philippine Nursing Act of 2002 Article II - Declaration of Policy Section 2. Declaration of Policy states the responsibility for the protection and improvement of the nursing profession guarantees the delivery of quality basic health services through...

RA 9173 Article I - Title Section 1. Title - Philippine Nursing Act of 2002 Article II - Declaration of Policy Section 2. Declaration of Policy states the responsibility for the protection and improvement of the nursing profession guarantees the delivery of quality basic health services through adequate nursing personnel system Article III - Creation and Composition of the Board Section 3. Organization of the BON total of 7 members: 1 chairperson and 6 members shall be appointed by the President of the Philippines from 2 recommendees (nagrefer/ nagrecommend/naka-assign) per vacancy of PRC then, ranked recommendations from a list of 3 nominees per vacancy then chosen based on the qualifications prescribe in section 4 TYPES OF APPOINTMENT Executive order 496 series of 1991 provides for the procedures and criteria of selection 1. Regular appointment - stated above under section 3 2. Ad Interim/Temporary - 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 - member of BON is permitted to continue to exercise the functions of the office after the end of his/her lawful term until replaced. Section 4. Qualifications of the Chairperson and Members of the board a. natural born citizen and resident of the Philippines b. member of good standing of the accredited professional organization of nurses (ex. PNA) c. registered nurse and master’s degree holder in nursing; majority of the members are master’s degree holder in nursing especially the chairperson d. have at least 10 years of continuous practice (local & international); PROVIDED, last 5 years shall be in the Philippines e. not have been convicted of any offense involving moral turpitude BON SHALL REPRESENT 3 AREAS - nursing education, nursing service and CHN TWO (2) PRINCIPLES IN DETERMINING CITIZENSHIP OF A PERSON Principle of justice soli - the place of birth of a person determines his citizenship Principle of justice sanguinis - citizenship of the parents determines the citizenship of the child NATURALIZATION - the act of adopting a foreigner and clothing him with the privileges of a natural citizen Section 5. Requirement upon qualification as member of the BON immediately resign from any teaching position to any school offering BSN program and/or review program for the local nursing board examinations and in any office or employment in the government he/shall not have PECUNIARY INTEREST (conflict of interest) and/or Administrative Supervision over an institution Section 6. Term of Office can hold office for a term of 3 years and until successors have been appointed and qualified. Can still be re- appointed each member should take an oath prior to performance of duty incumbent officials continue to serve for the remainder of the term until their replacement have been appointed and duly qualified Section 7. Compensation of the Board Members shall receive compensation and allowances comparable to the compensation received by other officials of professional regulatory boards Based on the principle of Quantum Meruit Chairperson - 2 steps higher than member of the board Members - at least 2 salary grades lower than the salary grade of the Commissioner of PRC Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services the board is under the supervision of the commission all records are under custody of the commission; the commission shall designate secretary of the board Section 9. Powers and Duties of the Board a. conduct the licensure examinations for nurse b. issue, suspend, revoke certificate of registration for the practice of nursing c. monitor and enforce quality standards if nursing practice and ensure maintenance of efficient, ethical, moral and professional standards d. ensure quality education the authority to open and close colleges of nursing and/or nursing education programs shall be vested on CHED e. conduct hearing and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations Subpoena ad testificandum - APPEARANCE TO TESTIFY Subpoena duces tecum - TO TESTIFY VIA DOCUMENTS f. promulgate a code of ethics g. recognize nursing specialty organizations h. prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions for the improvement and advancement of nursing practice FUNCTIONS 1. Executive - administering, enforcing and implementing functions 2. Quasi-legislative - rule or policy making function 3. Quasi-judicial - investigating, determining and decisions and hearing functions Section 10. Annual Report submit to the president through commission giving full detailed account of its proceedings and accomplishments during the year, making recommendations that will upgrade and improve the conditions affecting the practice Section 11. Removal or Suspension of Board Members The president may remove or suspend any member of the Board on the following grounds; continued neglect of duty or incompetence commission or toleration of irregularities in the licensure examination unprofessional immoral or dishonorable conduct Article IV - Examination and Registration Section 12. Licensure Examination applicants required to pass the written exam given by the board in accordance of the RA 8981 “PRC Modernization Act of 2000” POWER TO CONDCT - BON POWER TO DESIGNATE DATES AND PLACE OF EXAMINATION - PRC Section 13. Qualifications for admission to the Licensure Examination 1. Citizen of the Philippines 2. Good moral character 3. BSN degree holder and the rest are PRC requirements Section 14. Scope of Examination objectives of nursing curriculum the broad areas of nursing other related disciplines and competencies in determining the subjects of examinations Section 15. Ratings GWA at least 75% with rating of not below 60% in any subject if obtains GWA of 75% but a rating below 60% in any subject, taker must take the exam again but only in the subject/s rated below 60%. In order to pass, an examinee must obtain a rating of at least 75% in the subjects repeated Section 16. Oath take an oath of profession before the Board or any government official authorized to administer oath prior to entering nursing practice Section 17. Issuance of Certificate of Registration/Professional License and Professional Identification Card certification of registration and professional license issued to applicants who passes the exam upon payment of the prescribed every certificate of registration shall show the; - full name of the registrant - serial number or board certificate - signature of the Chairperson of the Commission and of the Members of the Board - Official seal of the Commission - Official seal of the BON every professional license shall show the; - signature of PRC Chairperson - date of registration - license number - date of issuance of said license or card - date of expiration of license or card REGISTRATION - is the recording of names of persons who have qualified under the law to practice their respective profession LICENSE - is a legal document given by the government that permits a person to offer to the public his/her skills and knowledge in a particular jurisdiction Section 18. Fees for examination and registration applicants for licensure and registration shall pay the prescribed fees set by the Commission Section 19. Automatic Registration of Nurses all nurses whose names appear at the roster of nurses shall be automatically registered as nurses under this act upon its effectivity IPSO FACTO Section 20. Registration of Reciprocity RECIPROCITY - mutuality in the grant and enjoyment of privileges between persons or nations based on the principle of “DO UT DES”, “FACIO UT DES” - for a country to expect favor from another, it should be willing to give a corresponding favor CONDITIONS FOR REGISTRATION BY RECIPROCITY 1. RN (country of origin) 2. License not revoked or suspended 3. Requirements substantially the same for licensure and registration of said foreign state 4. Law of said country allow Filipino citizens to practice nursing on the same basis as its subjects 5. Laws of the said foreign state grant the same privileges to RNs of the Philippines Section 21. Practice through Special/Temporary Permit SPECIAL/TEMPORARY PERMIT - is a permit that may be granted by the BON to a licensed nurse from a foreign state allowing him/her to engage in a special or temporary practice of nursing in the Philippines without need of passing first the nurse licensure examination 1. International well-known specialist or an outstanding expert (with fee or free of charge) 2. Licensed nurses on a medical mission (free of charge) 3. Licensed nurses as exchange professors in a branch or specialty of nursing *The permit shall be effective only for the duration of the project, medical mission or employment contract Section 22. Non-registration and Non-issuance of Certificates of Registration/Professional License/Special or Temporary Permit 1. Convicted by final judgement of a criminal offense involving moral turpitude 2. Guilty of immoral or dishonorable conduct 3. Declared by court to be of unsound mind 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 NURSES LICENSE every 3 years PRC Resolution number 2004-179 s.2004 - standardizes guidelines and procedures for the implementation of the continuing professional education for professionals Section 23. Revocation and suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit DEFINITION OF TERMS 1. Suspension - temporary stop, interruption or cessation of practicing nursing until final judgement of the case is rendered 2. Revocation - the withdrawal or recall of some power, authority, or things granted; it is the total repeal or cancellation of something that exists 3. Cancellation - destruction of the force, effectiveness or validity GROUNDS FOR SUSPENSION & REVOCATION 1. conviction by final judgement of any criminal offense involving moral turpitude 2. immoral and dishonorable conduct 3. unsoundness of mind declared by the court 4. unprofessional and unethical conduct 5. gross incompetence or serious ignorance 6. malpractice or negligence 7. use of fraud, deceit or false statements to obtain license 8. violation of RA 9173, IRR, Code of ethical 9. Practice while on suspension * Suspension shall not exceed more than 4 years Section 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates 1. Proper application to BON 2. After expiration of a maximum of 4 years from the date of revocation of a certificate 3. For reasons of equity and justice and the cause for disappeared, cured or corrected 4. Payment of required fees Article V - Nursing Education Section 25. Nursing Education Program Nursing education program should - provide sound general and professional foundation for the practice of nursing CHED - provides policies and standards of Nursing Education Section 26. Requirement for Inactive Nurses Returning to Practice INACTIVE NURSE - has not actively practiced the nursing profession for five (5) conservative years REQUIREMENT/S Didactic training - 1 month Practicum - 3 months WHERE? Board Accredited Hospitals to Conduct Training Programs Section 27. Qualifications of Faculty a. RN in the Philippines b. 1 year clinical experience (field of specialization) c. Member of accredited professional organization (e.g., PNA) d. BSN Additional for Qualifications of Dean e. Master’s degree in Nursing f. 5 years experience in teaching and supervision Article VI - Nursing Practice Section 28. Scope of Nursing WHEN IS A PERSON DEEMED TO BE PRACTICING NURSING? singly in collaboration with another WHAT NURSING PRACTICE INCLUDES? Nursing care from Conception to Old Age INDEPENDENT NURSE PRACTITIONER - singly initiates and performs nursing services to individuals, families and communities in any health care setting health promotion disease prevention RESPONSIBILITY OF HEALTH TEAM MEMBER NURSE curative, preventive, rehabilitative restoration of health alleviation of suffering and peaceful death a. DUTY IN UTILIZING NURSING PROCESS traditional and innovative approaches therapeutic use of self executing health care techniques and procedures essential primary health care comfort measures and health teaching administration of written prescription internal examination during labor in the absence of antenatal bleeding and delivery b. DUTY OF THE NURSE TO ESTABLISH linkages = community coordination = health team c. DUTY TO PROVIDE HEALTH EDUCATION TO individuals families communities d. DUTY TO teach, guide and supervise nursing students undertake consultation services engage in activities requiring knowledge and skills e. DUTY TO UNDERTAKE RESEARCH AND TRAINING observing the code of ethics upholding standard of safe nursing practice maintaining competence > continual learning through CPE Section 29. Qualification of Nursing Service Administrators Article VII - Health Human Resources Production, Utilization and Development Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Development studies conducted by BON Coordination with accredited professional organization, government organizations and private agencies Section 31. Comprehensive Specialty Certification Council developed by BON with coordination of APO, Recognized specialty organization and DOH Upgrade level of skill and competence of Specialty Nurse Clinician - areas on specialty - critical care, oncology, renal, and other areas determined by BON - beneficiaries require to served any Philippine Hospital for 2 years SPECIALTY CERTIFICATION GROUPS CHN - focus in family/community/high risk MSN - focus in cardiovascular, pulmonary, neurology, gerontology, critical care nursing and nephrology MCN - focus in newborn, child, reproductive stage and high risk MENTAL HEALTH & PSYCHIATRIC NURSING - focus are varied group age LEGAL BASIS FOR CERTIFICATION RA 7164 - Philippine Nursing Act of 1991: BON to adopt measures, necessary improvement and advancement of nursing profession BON RESOLUTION 14, SERIES 1999: adoption of nursing spending certification program and creation of nursing specialty council RA 9173 Philippine Nursing Act of 2002: creation of comprehensive specialty program Section 32. Salary nurses working in public health institutions not lower than salary grade 15 PRESCRIBED BY RA 6758 - Compensation and Classification Act of 1989 RA 7160 - Local Government Code of 1991 RA 7305 - The Magna Carta of Public Health Workers Section 33. Funding for the Comprehensive Nursing Specialty Program 10% of manpower or nursing staff of participating government hospitals must be trained PCSO & PAGCOR share cost for training and shall be released to DOH subject to accounting and auditing Section 34. Incentives and Benefits Incentive and benefit system for nurses established by BON Coordination with DOH, Other concerned government agencies, Association of hospitals and acquired professional organizations standard nurse- patient ratio set by DOH FORMS OF BENEFIT free hospital care for nurses and dependents scholarship grants other non-cash benefits Article VIII - Penal and Miscellaneous Provisions Section 35. Prohibitions in the Practice of Nursing penal provisions under this section enumerates certain acts that are declared CRIMINAL IMPOSED PENALTIES fine of 50-100k in pesos imprisonment of 1-6 years or both ONLY A COURT OF LAW MAY VALIDLY FIND AND DECLARE A PERSON GUILTY practicing nursing without a license using others license to practice nursing using invalid COR, suspended or revoked license or expired or cancelled special permit giving false evidence to BON to obtain license falsely posing or advertising as an RN appending BSN/RN without having been conferred abetting or assisting the illegal practice of a person who is not licensed to practice nursing any person of chief executive officer of a judicial entity who undertake in-service educational programs or who conduct review classes for both local and foreign examination without permit/clearance from the BON any person or employer of nurses who violate the minimum base pay of nurses and the incentives and benefits any person or chief executive officer of a judicial entity violating any provision of RA 9173 and its IRR ACTS PUNISHABLE offenses misdemeanor fraudulent mispresentation Article IX - Final Provisions Section 36. Enforcement of this Act Primary duty to implement a. PRC b. BON upon the call or request c. duly constituted officers of the law d. government authorities (national to local) Section 37. Appropriations Chairperson of PRC - to include its program the implementation of RA 9173 and issue rules and regulations as may be necessary to implement the act Section 38. Rules and Regulations IRR formulated by BON; within 90 days after effectivity of act Coordination with APO, DOH, Department of Budget and Management and other concerned government agencies publication required for IRR in official gazette or any newspaper of general circulation Section 39. Reparability Clause if any part of the act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational Section 40. Repealing Clause REPEAL - the abrogation or annulling of previously existing laws by the enactment of a subsequent law WHAT LAWS ARE REPEALED? RA 7164 - all other laws, decrees, orders, circulars, issuances, rules and regulations and parts that are inconsistent with this act are hereby repealed, amended or modified accordingly Section 41. Effectivity act shall take effect 15 days upon its publication in the Official Gazette or any 2 newspapers or general circulation in the Philippines