R.A. 9173 - Philippine Nursing Act of 2002 PDF

REPUBLIC ACT No. 9173 (PHILIPPINE NURSING ACT OF 2002) Presented by: Al-Aziz H. Sahid, R.N. R.A. 9173 – Philippine Nursing Act of 2002 It consists of 9 Articles and 41 sections Repealed from R.A. 7164 (Philippine Nursing Act of 1991) Ratified and signed on October 21, 2002 Appro...

REPUBLIC ACT No. 9173 (PHILIPPINE NURSING ACT OF 2002) Presented by: Al-Aziz H. Sahid, R.N. R.A. 9173 – Philippine Nursing Act of 2002 It consists of 9 Articles and 41 sections Repealed from R.A. 7164 (Philippine Nursing Act of 1991) Ratified and signed on October 21, 2002 Approved by the former President of the Philippine, Gloria Macapagal-Arroyo R.A. 9173 – Philippine Nursing Act of 2002 Article 1 – Title Article 2 – Declaration of Policy Article 3 – Organization of the Board of Nursing Article 4 – Examination and Registration Article 5 – Nursing Education Article 6 – Nursing Practice Article 7- Health Human Resources Production, Utilization and Development Article 8 – Penal and Miscellaneous Provisions Article 9 – Final Provisions R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections - Article 3, Sect. 3. Creation and Composition of the Board. - There shall be created a Professional Regulatory Board of Nursing, hereinafter referred to as the Board, to be composed of a Chairperson and six (6) members. They shall be appointed by the president of the Republic of the Philippines from among two (2) recommendees, per vacancy, of the Professional Regulation Commission, hereinafter referred to as the Commission, chosen and ranked from a list of three (3) nominees, per vacancy, of the accredited professional organization of nurses in the Philippines who possess the qualifications prescribed in Section 4 of this Act. R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections - Article 3, Sect. 6. Term of Office.. - The Chairperson and Members of the Board shall hold office for a term of three (3) years and until their successors shall have been appointed and qualified: Provided, That the Chairperson and members of the Board may be re-appointed for another term. R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections - Article 3, Sect. 9. Powers and Duties of the Board. - The Board shall supervise and regulate the practice of the nursing profession and shall have the following powers, duties and functions: (a) Conduct the licensure examination for nurses; (b) Issue, suspend or revoke certificates of registration for the practice of nursing; R.A. 9173 – Philippine Nursing Act of 2002 Cont… (c) Monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical and technical, moral and professional standards in the practice of nursing taking into account the health needs of the nation; (d) Ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open nursing courses to ensure that standards of nursing education are properly complied with and maintained at all times. The authority to open and close colleges of nursing and/or nursing education programs shall be vested on the Commission on Higher Education upon the written recommendation of the Board; R.A. 9173 – Philippine Nursing Act of 2002 Cont… (e) Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act, or its rules and regulations and in connection therewith, issue subpoena ad testificandum and subpoena duces tecum to secure the appearance of respondents and witnesses and the production of documents and punish with contempt persons obstructing, impeding and/or otherwise interfeming with the conduct of such proceedings, upon application with the court; (f) Promulgate a Code of Ethics in coordination and consultation with the accredited professional organization of nurses within one (1) year from the effectivity of this Act; R.A. 9173 – Philippine Nursing Act of 2002 Cont… (g) Recognize nursing specialty organizations in coordination with the accredited professional organization; and (h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvements of the nursing practice, advancement of the profession and for the proper and full enforcement of this Act subject to the review and approval by the Commission. R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections Article 3, Sect. 12. Licensure Examination. - All applicants for license to practice nursing shall be required to pass a written examination, which shall be given by the Board in such places and dates as may be designated by the Commission: Provided, That it shall be in accordance with Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000." R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections Article 3, Sect. 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: (a) He/she 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) He/she is of good moral character; and (c) He/she is a holder of a Bachelor's Degree in Nursing from a college or university that complies with the standards of nursing education duly recognized by the proper government agency. R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections Article 3, Sect. 17. Issuance of Certificate of Registration/Professional License and Professional Identification Card. - A certificate of registration/professional license as a nurse shall be issued to an applicant who passes the examination upon 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. R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections Article 3, Sect. 23. Revocation and suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit. - The Board 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 the preceding section; (b) For unprofessional and unethical conduct; (c) For gross incompetence or serious ignorance; R.A. 9173 – Philippine Nursing Act of 2002 Cont… (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; R.A. 9173 – Philippine Nursing Act of 2002 Cont… (f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/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 to exceed four (4) years. R.A. 9173 – Philippine Nursing Act of 2002 Important Article and Sections Article 8, Sect. 35. 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: R.A. 9173 – Philippine Nursing Act of 2002 Cont… (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 R.A. 9173 – Philippine Nursing Act of 2002 Cont… (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 permits; 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 convey the impression that he/she is a registered and licensed nurse; or R.A. 9173 – Philippine Nursing Act of 2002 Cont… (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, as a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing. R.A. 9173 – Philippine Nursing Act of 2002 Cont… (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, as a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing. R.A. 9173 – Philippine Nursing Act of 2002 Cont… (b) any person or the chief executive officer of a judicial 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 a juridical entity violating any provision of this Act and its rules and regulations. Thank you!