78659907 Laws Governing the Practice of Nursing

8/3/2019 78659907 Laws Governing the Practice of Nursing

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LAWS GOVERNING THE PRACTICE

OF NURSING

LAW

It is defined as the sum total ofrules and regulations by which

society is governed.

It is man-made and regulates

social conduct on a formal and

binding way.

It reflects societys needs,

attitudes and mores.

May also be defined as a rule or

conduct pronounced by

controlling authority and whichmay be enforced.

3 Essential Characteristics of every

law

1. Authority or the right to

declare that the rule exists- to

be able to enforce control

2. Such rule is pronounced or

expressed and that is thesource can be identified

3. A right to enforce the same

must be provided

Government the controlling authority

in our system

Constitution the fundamental law of

the government

- It contains the principleson which the government

is founded, regulates the

division of sovereign

powers, directs to what

persons each of these

powers is to entrusted

and specifies the manner

by which these powers

shall be exercised

Principal sources of pronouncements

1. the Constitution

2. the statutes or legislations

3. the regulations issued by the

Executive Branch of the

government

4. case decisions or judicial

opinions

5. Presidential Decrees

6. Letters of Instruction

*When a rule of conduct is pronounced

by a law-making body, it must be issued

in writing and in such manner that its

meaning is clear and concise.

* When a law-making body enacts rules

of conduct, there are always provisions

setting forth the consequences for

violations.

BRIEF HISTORY OF THE PHILIPPINE

NURSING LAW

Act No. 2493 of 1915

first law that had to do with the

practice of nursing, which was

regulated the practice of

medicine

this act provided for the

examination and registration ofnurses in the Philippines

*During that time, the applicants

needed to be only twenty years old,

in good physical health, and of good

moral character.


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*Graduates of intermediate courses

of a public schools could enter the

school of nursing which was then

giving only twenty years-and-a-half

of instruction, these graduates were

called first-class nurses.

*Those who desired to be second-

class nurses filed an application with

the district health officer in the district

where they resided.

1919

Act 2808 was passed

First True Nursing LawIt created, among others, a

board of examiners for

nurses

1920

First board examination in

the Philippines was given

June 19, 1953

Congress enacted the

Philippine Nursing Law

(Republic Act 877)

2 IMPORTANT SECTIONS OF

R.A. 877

a. SEC. 16, ART IV Inhibition

against practice of nursing

b. SEC 30 ART V Prohibition

in the practiceof nursing. Penal Provision

June 18, 1966

Republic Act 4704 amended

certain portions of RA 877

MOST SALIENT CHANGES

1. The membership of the Board of

Examiners for Nurses was

increased from 3-5 members

2. Members of the Board were to be

appointed by the President of the

Philippines with the consent of

the Commission on Appointments

and no longer upon

recommendation of theCommission of Civil Service

3. The requisite academic degree

for members of the Board was a

Masters Degree, instead of a

Baccalaureate Degree in Nursing

4. A disqualifying age limit for a

Board member was fixed. No

person was eligible for

membership in the board if

she/he was over 60 years of age5. The maximum total

compensation which a member of

the Board of Examiners for

Nurses could receive was raised

P12000 per annum to P18000

yearly

6. The academic qualification for

Deans, Directors, and principlas

of Colleges and Schools of

Nursing was raised from the level

of Baccalaureate Degree to that

of Masters Degree in Nursing

7. The areas of study required for

entrance to colleges and schools

of nursing were generalized to

include courses in physical,


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biological, social and behavioral

sciences, as well as humanities,

chemistry, psychology and

zoology

8. The scope of nursing practice

was broadened to circumscribe

the whole management of the

care of patients and the acts

constituting professional practice

of nursing were spelled out.

9. The date of holding of nurses

examination was no longer fixed

but adjusted to the official closing

of the semestral term of classes

in colleges and schools ofnursing.

10. The minimum age required of

applicants for admission to the

nurses examination was lowered

from 21 to 18 years of age.

RA 7164 introduced by Senator

Heherson Alvarez codified and revised

all the laws regulating the practice of

nursing in the Philippines. It was alsoknown as the Philippine Nursing Act of

1991.

1. Redefinition of the scope of

nursing practice to emphasize

a. The use of the nursing

process as a scientific

discipline in arriving at an

appropriate nursing action

and careb. The teaching,

management, leadership

and decision making roles

of the nurse

c. The undertaking of and

participation in studies and

research by nurses

2. Requiring a faculty member who

was appointed to the Board of

Nursing to resign from his/ her

teaching position at the time of

appointment and not one year

preceding his/her appointment

3. Updating a facultys educational

qualifications by requiring

Masters Degree in n Nursing or

related fields or its equivalent in

terms of experience and

specifications as prerequisite toteaching

4. Specification of qualifications of

administrators of nursing services

5. Inclusion of the phrase Unethical

conduct as one of the reasons

for revocation and suspension of

certificate of registration

October 17, 1958 Presidential

proclamation of a Nurses Week

Presidential Decree No. 223

issued on June 23, 1973 created the

PRC and prescribed its powers and

functions.

1. The fee of the nurses

examination was increased

from P50 to P75 and the fee for

registration after passing the

examination was increased

from P20 to P40

2. An applicant for registration as

nurse without examination had

to pay a statutory fee equal to

the sum of examination fee and


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a registration fee, or a total

amount of P115.

3. The annual registration fee

should be paid on or before the

20th of January of the year.

4. Nurses in inactive status were

exempted from paying the

annual registration fee,

provided they informed the

Nursing Board that they had

stopped practicing their

profession.

PRC Memorandum No. 2005-02 dated

March 3, 2005, implementing the

revised rates of fees charged and

collected by the Commission on

Appointment

Letter of Instruction No. 1000 dated

March 20,1980, required that members

of accredited professional organizations

shall be given priority in the hiring of

employees in the government service

and in the engagement of professional

services

Republic Act 1612 stated that a

privilege tax shall be paid before any

business or occupation can be lawfully

begun or pursued

RA 7392 amended RA 2644 known as

Midwifery Law on June 18, 1960

SEVERAL ARGUMENTS AROSEAMONG NURSES AS A RESULT OF

THE PASSAGE OF THE MIDWIFERY

LAW

1. Do nurses really have to register

as midwives before they can

attend to deliveries?

Since the law specifies that

nurses perform nursing care

during delivery, then nurses have

the legal rights to do so.(Rule V

Section 28 Scope of Nursing)

2. Should hilots or the licensed

midwives from the barrios be

allowed to continue to practice

their trade?

To ensure safety of both mothers

and newborns, many health

centers offer training programs

for hilots as part of their service

to their communities.

3. Are the midwives properly trainedin their school to assume the

roles provided in R.A. 7392?

Does this law not infringe on the

Philippine Medical Act or the

Philippine Nursing Act?


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Republic Act 2382, known as the

Philippine Medical Act, defines the

practice of medicine in the Philippines.

SEC 10. Act constituting the

practice of medicine.

A person shall be considered as

engaged in the practice of

medicine who shall for

compensation, fee, salary, or

reward in any for paid to him

directly or through another or

even without the same may

physically examine any person,

and diagnose, treat, operate or

prescribe any remedy for any

human disease, injury, deformity,

physical, mental, physical

condition or ailment, real or

imaginary, regardless of the

nature of the remedy or treatment

administered, prescribed or

recommended.

Republic Act 5181. This act

prescribes permanent residence and

reciprocity as qualifications for any

examination or registration for the

practice of any profession in the

Philippines.

SEC 1. No person shall be allowed

to practice any profession in the

Philippines unless he has complied

This Law states that all medical

doctors must examine, diagnose,

treat, operate or prescribe any

remedy for any human disease,

ailment or deformity regardless of its

nature.

This Law states that all

Filipino citizen of any profession

must practice his/her profession

in the Philippines.

In case he/she is an a

Filipino citizen, he/she must be a

permanent resident for at least 3

years


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with the existing law and

regulations, a permanent resident

therein for at least three years,

and, if he is an alien, the country

of which he is a subject or citizen

permits Filipinos to practice their

perspective professions within its

territories. Provided, that the

practice of said profession is not

limited by law to citizens of the

Philippines: Provided, further,

That Filipinos become American

national by reasons of service in

the Armed Forces of the United

States during the Second World

War and aliens who were

admitted to the practice of their

profession before July 4, 1946,

shall be exempted from the

restriction provided herein

Presidential Decree 541 allows

former Filipino professional to practice

their respective professions in the

Philippines. Balikbayans, therefore,

although not residents of the Philippines

anymore, may practice their profession

during the period of their stay in the

country provided they register with the

Professional Regulation Commission

and pay their income tax on all earnings

while in the country.

.

This Law states thatBalikbayan,

are allowed to to practice their

profession dursing the period of their

stay and must register to PRC and

pay their income tax while in the

country.


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In 1972, Republic Act 6425 known as

the Dangerous Drugs Act was passed.

Article II, Section 4 states that sale,

administration, delivery, distribution, and

transportation of prohibited drugs are

punishable by law. The penalty of

imprisonment ranging from twelve (12)

years and one (1) day to twenty years

and a fine ranging from twelve thousand

to twenty thousand pesos shall be

imposed upon any person who, unless

authorized by law, shall sell, administer,

deliver, give way to another, distribute,

dispatch in transit,

or transport any prohibited drug, or

shall act as broker in any of source

transactions. In case of a practitioner,

the maximum penalty herein prescribed

and the additional penalty of revocation

of his/her license to practice his/her

profession shall be imposed. Of the

victim of the offense is a minor, the

maximum penalty shall be imposed.

Should a prohibited drug involved in any

offense under this section be the

proximate cause of death of the victim

thereof, the penalty of life imprisonment

to death and a fine ranging from twenty

thousand to thirty thousand pesos

(P20,000.00 P 30, 000.00) shall be

imposed upon the pusher.

This Law states that sale,

administration, delivery, distribution,

and transportation of prohibited

drugs are punishable by law.


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SEC 8. Possession or Use of

Prohibited Drugs. The penalty of

imprisonment ranging from six (6)

years and one (1) day to twelve

(12) years and a fine ranging

from six thousand to twelve

thousand pesos (P6, 000.00 P

12, 000.00) shall be imposed

upon any person, who unless

authorized by law, hall possess

any prohibited drug, except

Indian hemp as to which the next

following paragraph shall apply.

The penalty of imprisonment

ranging from six months and one

day to six years and a fine

ranging from six hundred to six

thousand pesos (P600.00 P6,

000.00) shall be imposed upon

any person who, unless

authorized by law, shall possess

or use Indian hemp.

SEC 15. Sale administration,

dispensation, delivery,

transportation, and distribution of

regulated drugs.

The penalty of imprisonment

ranging from six (6) years and (1)

day to twelve (12) years and a

fine ranging from six thousand to

twelve (12) thousand pesos

This states that possession

or use of prohibited drugs has

also different punishment that

selling or transporting prohibited

drugs.

This states that there are

also law about Sale

administration, dispensation,

delivery, transportation, and

distribution of regulated drugs, it

must be authorized by law and

must be limited and prescribed by

a licensed medical practitioner.


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(P6,000.00 P12,000.00) shall

be imposed upon any person,

who, unless authorized by law,

shall sell, dispense, deliver,

transport, or distribute any

regulated drugs. In case a

practitioner, the maximum

penalty herein prescribed and the

additional penalty of revocation of

his license to practice his

profession shall be imposed.

SEC 16. Profession or Use of

Regulated Drugs. The penalty of

imprisonment ranging from six (6)

months and one (1) day to four

(4) years and a fine ranging from

six hundred to four thousand

(P600.00 P4,000.00) pesos

shall be imposed upon any

person without the corresponding

license or prescription.

Act No. 3573 in 1929 declared that all

communicable diseases shall be

reported to the nearest health station,

and that any person may be inoculated.

Administered or injected with

prophylactic preparations. No persons

shall refuse as to hinder or obstruct

these protective measures deemed

advisable by the Secretary of Health or

the authorized representative.

This states that any regulated

drugs must be prescribed by a

licensed practioner or else

imprisonment and fine will be

imposed to the offense.


communicable disease must be

treated immediately and not

person is allowed to refuse the

protective measures to that

disease


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Republic Act 1082 which was approved

on June 1954 and amended by R.A.

1891 on June 22, 1957 for the creation

of rural health units. Public health

nursing in the Philippines was in great

demand particularly in the rural areas.

For this reason and to provide these

areas with competent public health

nursing service the government

established rural health units staffed

with technical personnel, including

public health nurses. The creation of

rural health units all over the Philippines

was authorized by R.A. 1082, which was

approved on June 15, 1954.

As amended by R.A. 1891 in June

22, 1957 the law provided for the

creation of rural health units of eight

different categories corresponding to

eight population groups of municipalities

to be served. R.A. 4405, approved on

June 16, 1965 enlarged the staff by

integrating into these units the

provincial, city, and municipal sanitary

inspectors nurses and midwives

covered by the act.

Republic Act 4073 liberalizes the

treatment o leprosy. Except when the

disease requires institutional treatment,

no person afflicted with leprosy shall be

confined in a leprosarium. Patients shall

This Law states that all rural

areas must establish rural health

untis staffed with technical

personnel including PHNs.


people with leprosy must be

treated in a government skin

clinic, rural health or by a

licensed physician.


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be treated in a government skin clinic,

rural health unit or by a duly licensed

physician.

Presidential Decree 996 requires

compulsory immunization for all children

below eight years of age against

communicable disease. Circular No. 14

of 1965 requires health examination and

immunization of all prospective Grade I

pupils against smallpox, diphtheria and

tuberculosis as pre-requisite for

enrollment.

Presidential Decree 825

provides penalty for improper

disposal of garbage and other forms

of uncleanliness.

Presidential Decree 856, the Code

of Sanitation, provides for control of all

factors in mans environment that affect

health including the quality of water,

food, milk, control of insects, animal

carriers, transmitters of disease,

sanitary and recreation facilities, noise

unpleasant odors and control of

nuisance.


amending R.A. 679 (Woman and Child

Labor Law), states that the employable

age shall be 16 years. This decree

provides for the minimum employable

This Law states that there is

a compulsory immunization for all

children below 8 years of age

against communicable disease

(smallpox, diphtheria and

tuberculosis) as a pre-requisite

for enrollment.

This Law states that improper

disposal of garbage and other

forms of uncleanliness is

punishable by the law.

This Law states that all factors

in mans environment that affect

health must be controlled.

This Law states that 16 years

of age is employable and must

give women privilege for working.


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age and for privileges of working

women.

Republic Act 6365 established a

National Policy on Population and

created the Commission on Population

(POPCOM).

Presidential Decree No 791 is the

revised Population Act. It defines the

objectives, duties and functions of the

POPCOM. Among other, it empowers

nurses and midwives to provide,

dispense and administer acceptable

methods of contraception after having

undergoing training and having been

granted authorization by the POPCOM

in the consultation with the appropriate

licensing bodies.


amending Presidential Decree No.

791. This decree strengthens family

planning programs through participation

of private organizations and individuals

in the formulation and implementation of

the program planning policies.

General Order No. 18 enjoins all

citizens of the Philippines, universities,

colleges, schools, government offices,

mass media, voluntary and religious

organizations of all creed, business and

industrial enterprises to promote the

concept of family planning welfare,

This Law states that when

RNs and RMs are empowered to

provide, dispense or administer

acceptable methods of

contraception after undergoing a

training and granted authorization

by POPCOM.

This Law states that private

organization and individuals must

participate in strengthening the

family planning programs.


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responsible parenthood, and family

planning.

Letter of Instruction No. 47 directs all

schools of medicine, nursing, midwifery

and allied medical professions and

social work to prepare, plan and

implement the integration of family

planning in their curricula and to require

from their graduates sufficient

appropriate licensing examination.

Department of Labor Order No. 7

requires all industrial establishments to

provide family planning services.

Presidential Decree No. 48 limits paid

maternity leave privileges to four

children.

Presidential Decree. 69 limits the

number of children to four (4) for tax

exemption purposes.

Presidential Decree No. 965 requires

that couples intending to get married

must first undergo a family planning and

responsible parenthood instruction prior

to the issuance of a marriage license.

Republic Act No. 1054 requires the

owner, lessee or operator of any

commercial, industrial or agricultural

establishment to furnish free

emergency, medical and dental

This Law states that every

engaged couples must undergo

family planning and responsible

parenthood seminars before the

issuance of their marriage license.


employers, must provide free

emergency, medical and dental

attendance to all his employees

and laborers


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attendance to his employees and

laborers.

Republic Act 226, known as the

Hospital Licensure Act, requires all

hospitals in the Philippines to be

licensed before they can offer to serve

the community. The licensing agency is

the Office for Hospital and Medical

Services, Department of Health.

Nurses working in agencies with 100-

bed capacity and/or above and are

working in an area of one million

population are supposed to work only

forty (40) hours a week perR.A. 5901.

Presidential Decree 442 known as the

Labor Code of the Philippines provided

workers the right to self-organizations

and collective bargaining. It promotes

the rights and welfare of workers.

Presidential Decree 603, Child and

Youth Welfare Code, protects and

promotes the rights and welfare of

children and youth. Employment of

children below 16 years of age is limited

to perfuming light work not harmful to

their safety, health or normal

development and which it not prejudicial

to their studies.

This Law states that only

licensed or authorized hospitals

are allow serving the community

by the licensing agencies.

This Law states that all worker

have the right to choose their job,

promotes their right are welfare.

This Law states that protection

and promotion to the right and

welfare of the children and youth.

Employment of children below 16

years old is limited.


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Presidential Decree 651 decrees the

registration of birth of a child within 30

days with the Civil Registrar.

ILO Convention No. 149 provides

for the improvement of life and work

conditions of nursing personnel.

Employees insured with the GSIS

and SSS are entitled to hospitalization

privileges under Program I f the

Philippine Medical Care (MEDICARE)

Act (R.A. 6111 of 1969). Medicare

benefits of GSIS members or their legal

dependents must be filed with the GSIS

Medicare Claims Department.

Following are the feature of

Medicare under Program I:

1. Benefits are extended only in

cases of actual confinement in

hospital due to illness or bodily

injury.

2. There is freedom of choice of

hospital or physician and

drugstore concerned.

3. Benefits are paid directly to the

hospital or physician and

drugstore concerned.

4. The member is entitled to 45

days hospitalization per year

while their legal dependents are


employees must be a member of

GSIS or SSS which is entitle to

hospitalization privileges.


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5. entitled to a total of 45 days

among them.

6. Hospitalization privileges include

medical and surgical services.

Vasectomy and caesarean

section are included while

cosmetic surgery, optometric

services, psychiatry, normal

delivery and diagnostic services

on an out-patient basis are not

included.

Dependent parents single members

are given Medicare benefits if they are

60 years old and above.

Presidential Decree 1519 gives

Medicare benefits to all government

employees regardless of status of

appointment. Retirees, regardless of

age, are also entitled to Medicare

privileges by virtue of their membership

in the GSIS or SSS.

Effective January 1980, Presidential

Decree No. 1636 requires compulsory

membership in the GSIS or SSS

Retirement Fund.

Presidential Decree No. 626 or the

Employee Compensation and State

Insurance Fund provided benefits to

workers covered by SS or GSIS for

immediate injury illness or disabilities


employees is required compulsory

membership in the GSIS orSSS

Retirement Fund


employees has a benefit to be

covered with insurance in

immediate injury illness or

disabilities.


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Salient aspects in the Constitution of

the Philippines affecting the practice of

nursing include full respect for human

rights; recognition of the sanctity of

family life; protection and promotion of

the rights to form unions, associations or

societies; making health services

available to the people at affordable

cost; protection of working women; right

of peoples organizations; and

recognition of the family as the

foundation of the nation.

Republic Act 6675 or the Generics Act

of 1988 is an act to promote, require

and ensure the production of an

adequate supply, distribution, use and

acceptance and drugs and medicines

identified by their generic names,

Medicines are prescribed in generics.

Nurses are the patients advocated.

Their role is not only as drug

administrators but also as educators by

giving information as evaluators

although monitoring, verifying and

reporting of usage and problems

encountered, and as coordinators with

physician, pharmacists, dentists and

concerned groups.

Republic Act 6758 standardizes the

salaries of government employees

which includes the nursing personnel.


medicines must be prescribed by

their generic names.

This Law states that salaries ofgovernment employees includingnursing personnel must becompensated to position titles,salary grades and schedules


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Their new position title, salary grades

and schedules. However, these are still

under negotiation so that positions of

equal importance will have the same

salary grade levels and schedules.

Republic Act No. 6713, known as the

Code of Conduct and Ethical

Standards for Public Official and

Employees, upholds a time-honored

principles that public office is a public

trust.

It is the policy of the State to promote a

high standard of ethics in a public

service. Public officials and employees

shall discharge their duties with utmost

responsibility, integrity, competence and

loyalty, and shall act with patriotism and

justice. They must least modest lives

and uphold public interest over personal

interest.

Republic Act 7160 or the Local

Government Code transfers

responsibilities for delivery of basic

services and facilities of the national

government to local government units.

This involves devolution of powers,

functions and responsibilities to the local

government both provincial and

municipal.

Another law approved by Pres.

Corazon C. Aquino on March 26, 1992,

This Law states that Public

officials and employees shall

discharge their duties with utmost

responsibility, integrity, competence

and loyalty, and shall act with

patriotism and justice.

This Law states that transfers

responsibilities for delivery of

basic services and facilities of the

national government to local

government units.


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and authored by Senator Edgardo

Angara is R.A. 7305 entitled Magna

Carta for Public Health Workers. Its

significant objectives are:

a. To promote and improve the

social and economic well-

being of health workers;

b. To develop their skills and

capabilities; and

c. To encourage those qualified

and with abilities to remain

government service

Republic Act 7600 or the Rooming- in

and Breastfeeding Act of 1992

provides that babies is born in private

and government hospitals should be

roomed-in with their mothers to promote

breastfeeding and ensure and safe and

adequate nutrition to children. This is

enforced by the Milk Code (Executive

Order No. 51)

Republic Act 7432 or the Senior

Citizens Act gives honor and justice to

our peoples long tradition of giving high

regard to our elderly. It entitles to our

elderly to a twenty percent (20%)

discount in all public establishments

such as restaurants, pharmacies, public

utility vehicles and hospitals. It also

entitles the elderly to free medical anddental check-up and hospitalization in all

government hospitals.

Republic Act 9173 Change in the

Philippine Nursing Act of 2002 from R.A

7164, The Philippine Nursing Act of

This Law states that every hospitals

private ot government must have a

policy that babies shold be roomed-in

with mother to promote breastfeeding

This Law states that allSenior citizens

of the Republic of the Philippines should

have 20% discounts in all public

establishments


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1998, taken from the Implementing

Rules and Regulations of RA 9173.

1. Composition of the Board of

Nursing The board is now

composed of a Chairman and six(6) members instead of a

Chairman and four (4) members.

2. Submission of names of qualified

nominees by the Accredited

Professional Organization (APO)

to the Commission, three (3)

nominees per vacancy, not later

than three months before the

vacancy.

3. The commission submits to the

office of the President two (2)

nominees per vacancy not later

than two months before the

vacancy occurs. The appointment

must be issued not later than

thirty (30) days before the

scheduled licensure examination.

4. Qualification of Board Members

4.1 Educational Requirementfor members of the Board is

not limited to registered nurses

with Masters degree in nursing

but also to registered nurses

with masters degree in

education, or other allied

medical profession provided

that the Chairperson and

majority of the members are

holders of a Masters degree innursing.

4.2 Of the ten years of

continuous practice of the

profession prior to the

appointment, the last five (5)

years must be in the


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Philippines. This was not

specified in RA 7164.

4.3 The section that states

that the Board members must

not be a green card holder (Art

III Sec. 5e R.A. 7164) does not

appear in the law.

5. Powers and Duties of the Board,

Art. II Sec. II added:

5.1 Adopt and regulate a Code of

Ethics and Code of Technical

Standards for the practice of

nursing within one year from

the affectivity of this act.

5.2 Recognize specialtyorganizations in coordination

with accredited professional

organization.

6. Licensure Examination and

Registration

6.1 Specific dates of examination

have been deleted (RA 7164

Sec. 14.) Specific dates of

examination not earlier than

one (1) month and not laterthan two months after the

closing of each semestral

term.

6.2 Specific age of applicants to

take the examination to be at

least eighteen (18) years of

age has been deleted (RA

7164 Sec. 13b)

7. Ratings, Sec. 15 RA 9173

7.1 Specific number of times an

examinee may take the

licensure examination has

been deleted (RA 7164 Sec.

16 3rd paragraph).


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7.2Added: Removal examination shall

be taken within two (2) years after

the last failed examination.

8. Revocation and Suspension of

Certificate of Registration

8.1Added: Sec. 23 for violation of RA

9173, the Implementing Rules and

Regulations, the Code of Ethics, the

Code of Technical Standards for

Nursing Practice, and policies of the

Board and the Commission.

8.2Sec. 23g. Added: For practicing the

profession during the period of

suspension.

8.3Period of suspension of the

certificate of registration/

professional license not to exceed

four (4) year.

9. Rule VI, Nursing Education

9.1Sec. 26, Rule 1 Added:

requirement for the inactive nurses

returning to practice Nurses who

have not actively practiced the

profession shall undergo one (1)

month of didactic training and three(3) months of practicum.

9.2Sec. 27, Qualifications of Faculty

Requirement of clinical experience

in a field of specialization has been

reduced from three (3) years to one

(1) year in a field of specialization.

9.3The Dean of the Colleges of Nursing

must have at least five (5) years of

experience in teaching and

supervising a nursing education

program. Note: An increase from

three (3) years as specified in RA

7164


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10.Rule V, Nursing Practice

10.1 Scope of Nursing Duties and

Responsibilities of the Nurse:

a. Deleted: Special training in

intravenous injection

Note: Nursing Service

Administrators still require

formal training in this aspect for

the safety of the patient, the

protection of the nurse and of

the agency/ institution where

the patient is being treated or

confined.

b. Added: Special training for

suturing the Lacerated

Perineum Sec 25a

Note: This is undertaken by the

Association of Nursing Service

Administrators of the

Philippines (ANSAP) with the

maternal and Child Associations

of the Philippines (MCNAP).

c. Added: Observe the Code of

Ethics and the Code of

Technical Standards for Nursing

Practice. Maintain competence

through continual professional

education.

10.2. Qualification of Nursing Service

Administrators

a. Sec. 30. Priority in Ap a.1 For

appointment as a Chief Nurse in

Public Health Agency, priority shall

be given to those who have


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Masters degree in Public Health/ Community

Nursing.

a.2 For appointment as a Chief

Nurse in Military Hospitals, priority

shall be given to those who have aMasters Degree in Nursing and

completion of General Staff Course

(GSC)

11. Rule VI, Health human Resource

Production and Utilization Additions:

11.1 Sec. 23. Comprehensive Nursing

Specialty Program. The Board is

mandated to formulate and develop a

comprehensive nursing specialty program

that would upgrade the level of skills and

competency of specialty nurse clinicians

in the country.

11.2 Sec. 33. Salary. Minimum base pays

of nurses in public health institutions shall

not be lower than the first steps or hiring

rate prescribed for salary grade 15

pursuant to RA 6758, otherwise known as

the Compensation and Classification Actof 1989. For nurses working in Local

Government units, adjustments in salaries

shall be in accordance with Sec. 10 of the

same Act.

11.3 Sec. 34 Funding for the

Comprehensive Nursing Specialty

Program. The annual financial

requirement to train at least (10) percent

of the nursing staff of the participatinghospital shall be chargeable against the

incomes of the Philippine Charity

Sweepstakes.

11.4 Sec. 35. Incentives and Benefits.

Incentives and Benefits shall be limited to

non- cash benefits such as free hospital


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care for nurses and their dependents, and

scholarship grants. As part of the

improved working condition of nurses,

the government and private hospitals are

mandated to maintain the standard

nurse patient ratio set by the Department

of Health

12. Rule VII. Penal and Miscellaneous

Provisions

12.1 Penalty for violation of this Act in

fines has been increased (from not less

than ten (10) thousand pesos (P10,000)

nor more than forty thousand pesos

(P40,000) as specified in RA 7164 ) to not

less than fifty thousand pesos (P50,000)

nor more than one hundred thousand

pesos (P100,000) Imprisonment of not

less than one (1) year nor more than five

(5) years from RA 7164 increased from

not less than one (1) year or more than

six 6 years, or both fine and imprisonment

upon the discretion of the Board. Penalty

and Fine are not only for those who

practice nursing under the circumstancesprohibited by the Act but also for persons

or employers of nurses of judicial entitles

who undertake review classes for foreign

or local examination without permit from

the Board; or appointment

violate the minimum base pay of nurses,

incentives and benefits; or any provision

of this Act as implemented by its IRR.

PRC Resolution No. 2004-17 Series of 2004 re-

implemented continuing Professional Education

requiring sixty (60) credit units for three (3)

years for professionals with bachelors degree.

Any excess unit earned cannot be carried on to

the next three-year period except for units

earned for doctoral and masters degrees. The


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total CPE units for registered professionals

without baccalaureate degrees shall be thirty

(30) units for three (3) years. Any excess shall

not be carried on to the next three-year period.

PRC Board of Nursing Resolution No. 14 Feb. 8,1999 promulgated the guidelines for the

implementation of a Specialty Certification.

PRC Board Resolution No. 2003-166 amended

the filling of application of various licensure

examinations in the regional offices from

twenty (20) days to thirty (30) days before the

first day of examination to give sufficient time

for the Boards in charge in the Central Office to

tally the report, review the qualifications, check

the completeness and accuracy of the

documents thereby ensuring strict compliance

with the no deferent policy.

PRC Board of Nursing Resolution No. 2004-200

series of 2004

Requires applicants in the licensure

examination to submit transcript of records

with scanned pictures and with the remarks

For Board Examination Purposes only.

PRC Resolution No. 2004-189 series of 2004

forfeits the examination fees paid by the

examinee that failed to report and take the

scheduled examination.

Executive Order No. 566 Sept. 8, 2006 directs

the Commission on Higher Education to

regulate the establishment and operation of

review centers and similar entities.

CHED Memorandum Order No. 49 series of

2006 implements the rules and regulations in

governing the operation review centers

pursuant to Executive Order 266.


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CHED Memorandum Order No. 13. series

prohibits higher education institutions from

forcing their students and graduating students

to enroll in their own review centers and/or

review centers of their own preferences.

Documents

78659907 Laws Governing the Practice of Nursing