What Does It Mean By Reason Of Illness When A Registered Nurse Is Suspended

Twelfth Congress

2d Regular Session

Begun and held in Metro Manila, on Monday, the 20-second 24-hour interval of July, two one thousand two.

Commonwealth Human activity No. 9173 October 21, 2002

AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR THE PURPOSE Republic Human activity NO. 7164, OTHERWISE KNOWN AS "THE PHILIPPINE NURSING Human activity OF 1991" AND FOR OTHER PURPOSES

Exist information technology enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

ARTICLE I

Title

Section i. Championship. - This Act shall be known as the "Philippine Nursing Deed of 2002."

ARTICLE Ii

Declaration of Policy

Department 2. Annunciation of Policy. � Information technology is hereby alleged the policy of the State to assume responsibility for the protection and improvement of the nursing profession by instituting measures that will result in relevant nursing didactics, humane working weather condition, meliorate career prospects and a dignified beingness for our nurses.

The Country hereby guarantees the delivery of quality basic wellness services through an adequate nursing personnel organisation throughout the country.

ARTICLE Three

Organization of the Board of Nursing

Department 3. Creation and Composition of the Board. - There shall exist created a Professional Regulatory Board of Nursing, hereinafter referred to as the Board, to be composed of a Chairperson and six (half dozen) members. They shall be appointed by the president of the Republic of the Philippines from amid two (2) recommendees, per vacancy, of the Professional person Regulation Committee, hereinafter referred to as the Committee, chosen and ranked from a listing of three (3) nominees, per vacancy, of the accredited professional person system of nurses in the Philippines who possess the qualifications prescribed in Section 4 of this Act.

Department 4. Qualifications of the Chairperson and Members of the Lath. - The Chairperson and Members of the Lath shall, at the fourth dimension of their date, possess the post-obit qualifications:

(a) Be a natural born citizen and resident of the Philippines;

(b) Be a member of good standing of the accredited professional person organization of nurses;

(c) Be a registered nurse and holder of a principal's degree in nursing, education or other allied medical profession conferred by a college or university duly recognized past the Regime: Provided, That the majority of the members of the Board shall be holders of a master's degree in nursing: Provided, further, That the Chairperson shall exist a holder of a principal's degree in nursing;

(d) Have at least 10 (10) years of continuous do of the profession prior to appointment: Provided, however, That the concluding five (5) years of which shall be in the Philippines; and

(e) Non have been convicted of whatsoever law-breaking involving moral turpitude; Provided, That the membership to the Lath shall stand for the three (3) areas of nursing, namely: nursing education, nursing service and community health nursing.

Section 5. Requirements Upon Qualification every bit Fellow member of the Board of Nursing. - Any person appointed as Chairperson or Member of the Board shall immediately resign from whatever teaching position in any school, college, university or institution offering Bachelor of Science in Nursing and/or review program for the local nursing board examinations or in any office or employment in the government or any subdivision, agency or instrumentality thereof, including authorities-owned or controlled corporations or their subsidiaries every bit well as these employed in the private sector. He/she shall not have any pecuniary interest in or authoritative supervision over whatever institution offer Available of Science in Nursing including review classes.

Section vi. Term of Office.. - The Chairperson and Members of the Board shall hold role 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 some other term.

Any vacancy in the Lath occurring within the term of a Member shall be filled for the unexpired portion of the term only. Each Member of the Lath shall have the proper oath of office prior to the performance of his/her duties.

The incumbent Chairperson and Members of the Board shall continue to serve for the residue of their term nether Commonwealth Act No. 7164 until their replacements have been appointed by the President and shall accept been duly qualified.

Section 7. Compensation of the Lath Members. - The Chairperson and Members of the Lath shall receive compensation and allowances comparable to the bounty and allowances received past the Chairperson and members of other professional person regulatory boards.

Section viii. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. - The Board shall be under the authoritative supervision of the Commission. All records of the Board, including applications for examinations, authoritative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act.

Department 9. Powers and Duties of the Board. - The Lath shall supervise and regulate the practice of the nursing profession and shall have the following powers, duties and functions:

(a) Behave the licensure test for nurses;

(b) Issue, append or revoke certificates of registration for the practise of nursing;

(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 exercise of nursing taking into business relationship the wellness 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 authorisation to open up and close colleges of nursing and/or nursing education programs shall be vested on the Commission on College Education upon the written recommendation of the Board;

(e) Conduct hearings and investigations to resolve complaints confronting nurse practitioners for unethical and unprofessional bear and violations of this Act, or its rules and regulations and in connectedness therewith, issue subpoena ad testificandum and subpoena duces tecum to secure the appearance of respondents and witnesses and the product of documents and punish with contempt persons obstructing, impeding and/or otherwise interfeming with the behave of such proceedings, upon application with the court;

(f) Promulgate a Code of Ethics in coordination and consultation with the accredited professional person organization of nurses inside one (ane) year from the effectivity of this Human activity;

(yard) Recognize nursing specialty organizations in coordination with the accredited professional organization; and

(h) Prescribe, prefer issue and promulgate guidelines, regulations, measures and decisions equally may be necessary for the improvements of the nursing do, advancement of the profession and for the proper and total enforcement of this Human action subject area to the review and approval by the Committee.

Section x. Annual Report. - The Board shall at the close of its calendar year submit an annual report to the President of the Philippines through the Commission giving a detailed business relationship of its proceedings and the accomplishments during the twelvemonth and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of the nursing profession.

Section eleven. Removal or Suspension of Board Members. - The president may remove or suspend whatever member of the Board after having been given the opportunity to defend himself/herself in a proper administrative investigation, on the post-obit grounds;

(a) Connected neglect of duty or incompetence;

(b) Commission or toleration of irregularities in the licensure examination; and

(c) Unprofessional immoral or dishonorable conduct.

Article IV

Examination and Registration

Section 12. Licensure Examination. - All applicants for license to practice nursing shall be required to pass a written exam, 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 Human activity No. 8981, otherwise known as the "PRC Modernization Human action of 2000."

Section 13. Qualifications for Admission to the Licensure Test. - In order to be admitted to the exam for nurses, an bidder must, at the time of filing his/her application, establish to the satisfaction of the Lath that:

(a) He/she is a citizen of the Philippines, or a citizen or bailiwick of a country which permits Filipino nurses to practice inside its territorial limits on the same footing 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 aforementioned as those prescribed in this Act;

(b) He/she is of expert moral grapheme; and

(c) He/she is a holder of a Available's Degree in Nursing from a college or university that complies with the standards of nursing education duly recognized by the proper government agency.

Section xiv. Scope of Examination. - The scope of the examination for the practice of nursing in the Philippines shall exist adamant by the Board. The Board shall have into consideration the objectives of the nursing curriculum, the broad areas of nursing, and other related disciplines and competencies in determining the subjects of examinations.

Department 15. Ratings. - In society to pass the examination, an examinee must obtain a general boilerplate of at least seventy-v pct (785%) with a rating of not below sixty percent (60%) in whatsoever subject. An examinee who obtains an average rating of seventy-five percentage (75%) or higher but gets a rating below threescore percent (sixty%) in any subject must take the examination again merely only in the field of study or subjects where he/she is rated below threescore percentage (60%). In order to pass the succeeding examination, an examinee must obtain a rating of at least seventy-5 percent (75%) in the subject or subjects repeated.

Department 16. Oath. - All successful candidates in the examination shall exist required to take an oath of profession before the Board or whatever government official authorized to administer oaths prior to entering upon the nursing exercise.

Section 17. Issuance of Certificate of Registration/Professional person License and Professional person Identification Bill of fare. - A certificate of registration/professional license every bit a nurse shall exist issued to an applicant who passes the examination upon payment of the prescribed fees. Every document 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 Lath, and the official seal of the Commission.

A professional identification card, duly signed by the Chairperson of the Commission, begetting the date of registration, license number, and the date of issuance and expiration thereof shall likewise be issued to every registrant upon payment of the required fees.

Section xviii. Fees for Examination and Registration. - Applicants for licensure and for registration shall pay the prescribed fees fix by Commission.

Section 19. Automatic Registration of Nurses. - All nurses whose names appear at the roster of nurses shall be automatically or ipso facto registered equally nurses under this Human action upon its effectivity.

Section 20. Registration by Reciprocity. - A certificate of registration/professional license may be issued without exam to nurses registered under the laws of a foreign state or country: Provided, That the requirements for registration or licensing of nurses in said country are substantially the same equally those prescribed under this Deed: Provided, further, That the laws of such state or land grant the same privileges to registered nurses of the Philippines on the same basis every bit the subjects or citizens of such foreign state or country.

Section 21. Do Through Special/Temporary Permit. - A special/temporary permit may be issued by the Board to the following persons subject to the approval of the Commission and upon payment of the prescribed fees:

(a) Licensed nurses from foreign countries/states whose service are either for a fee or complimentary if they are internationally well-known specialists or outstanding experts in any co-operative or specialty of nursing;

(b) Licensed nurses from foreign countries/states on medical mission whose services shall be free in a particular hospital, center or clinic; and

(c) Licensed nurses from foreign countries/states employed by schools/colleges of nursing every bit exchange professors in a co-operative or specialty of nursing;

Provided, however, That the special/temporary permit shall exist constructive only for the duration of the project, medical mission or employment contract.

Section 22. Not-registration and Non-issuance of Certificates of Registration/Professional person License or Special/Temporary Allow. - No person bedevilled by final judgment of any criminal offense involving moral turpitude or whatsoever person guilty of immoral or dishonorable conduct or any person alleged past the court to exist of unsound mind shall be registered and exist issued a certificate of registration/professional license or a special/temporary permit.

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 Lath.

Section 23. Revocation and suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Allow. - The Lath shall have the power to revoke or suspend the document 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;

(d) For malpractice or negligence in the practice of nursing;

(e) For the use of fraud, cant, or false statements in obtaining a certificate of registration/professional license or a temporary/special allow;

(f) For violation of this Act, the rules and regulations, Lawmaking of Ethics for nurses and technical standards for nursing practise, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit; or

(1000) For practicing his/her profession during his/her intermission from such exercise;

Provided, however, That the suspension of the certificate of registration/professional person license shall exist for a menstruation non to exceed four (4) years.

Section 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates. - The Lath may, afterwards the expiration of a maximum of iv (4) years from the date of revocation of a document, for reasons of equity and justice and when the cause for revocation has disappeared or has been cured and corrected, upon proper application therefor and the payment of the required fees, issue another copy of the certificate of registration/professional license.

A new document of registration/professional license to supplant the certificate that has been lost, destroyed or mutilated may be issued, subject to the rules of the Board.

Article V

Nursing Education

Section 25. Nursing Educational activity Program. - The nursing education program shall provide audio general and professional foundation for the practice of nursing.

The learning experiences shall adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the Commission on Higher Education'south policies and standards of nursing pedagogy.

Section 26. Requirement for Inactive Nurses Returning to Practice. - Nurses who have not actively skilful the profession for five (5) consecutive years are required to undergo one (1) month of didactic training and three (3) months of practicum. The Board shall ascribe hospitals to conduct the said training program.

Department 27. Qualifications of the Faculty. - A member of the faculty in a higher of nursing teaching professional courses must:

(a) Be a registered nurse in the Philippines;

(b) Accept at least one (1) year of clinical exercise in a field of specialization;

(c) Exist a member of skilful continuing in the accredited professional person organization of nurses; and

(d) Be a holder of a primary's degree in nursing, education, or other allied medical and health sciences conferred by a higher or university duly recognized past the Authorities of the Republic of the Philippines.

In addition to the aforementioned qualifications, the dean of a college must have a chief's degree in nursing. He/she must have at least v (5) years of feel in nursing.

ARTICLE VI

Nursing Exercise

Section 28. Telescopic of Nursing. - A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with some other, initiates and performs nursing services to individuals, families and communities in whatever health care setting. It includes, only not limited to, nursing care during conception, labor, delivery, infancy, babyhood, toddler, preschool, school age, boyhood, machismo, and former age. Equally independent practitioners, nurses are primarily responsible for the promotion of health and prevention of disease. A members of the wellness team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of the nurse to:

(a) Provide nursing intendance through the utilization of the nursing process. Nursing intendance includes, simply non limited to, traditional and innovative approaches, therapeutic use of self, executing health care techniques and procedures, essential primary health care, comfort measures, health teachings, and assistants of written prescription for treatment, therapies, oral topical and parenteral medications, internal examination during labor in the absenteeism of antenatal bleeding and delivery. In example of suturing of perineal laceration, special training shall be provided according to protocol established;

(b) found linkages with community resources and coordination with the health squad;

(c) Provide health teaching to individuals, families and communities;

(d) Teach, guide and supervise students in nursing instruction programs including the administration of nursing services in varied settings such as hospitals and clinics; undertake consultation services; engage in such activities that crave the utilization of knowledge and decision-making skills of a registered nurse; and

(e) Undertake nursing and health human resource evolution training and research, which shall include, merely not express to, the development of accelerate nursing practice;

Provided, That this section shall not apply to nursing students who perform nursing functions nether the direct supervision of a qualified faculty: Provided, further, That in the practice of nursing in all settings, the nurse is duty-jump to observe the Code of Ethics for nurses and uphold the standards of safe nursing practice. The nurse is required to maintain competence past continual learning through standing professional education to exist provided past the accredited professional organisation or any recognized professional nursing system: Provided, finally, That the program and activeness for the continuing professional education shall exist submitted to and approved by the Board.

Section 29. Qualification of Nursing Service Administrators. - A person occupying supervisory or managerial positions requiring knowledge of nursing must:

(a) Exist a registered nurse in the Philippines;

(b) Have at to the lowest degree ii (2) years experience in general nursing service administration;

(c) Possess a degree of Bachelors of Science in Nursing, with at least 9 (ix) units in management and administration courses at the graduate level; and

(d) Be a member of good standing of the accredited professional organization of nurses;

Provided, That a person occupying the position of chief nurse or managing director of nursing service shall, in addition to the foregoing qualifications, possess:

(i) At to the lowest degree five (5) years of experience in a supervisory or managerial position in nursing; and

(2) A master's degree major in nursing;

Provided, further, That for primary hospitals, the maximum bookish qualifications and experiences for a chief nurse shall be as specified in subsections (a), (b), and (c) of this section: Provided, furthermore, That for master nurses in the public health nursing shall exist given priority. Provided, fifty-fifty further, That for chief nurses in military machine hospitals, priority shall be given to those who have finished a chief's degree in nursing and the completion of the General Staff Form (GSC): Provided, finally, That those occupying such positions before the effectivity of this Act shall exist given a flow of five (v) years within which to authorize.

ARTICLE VII

Health Man Resources Product, Utilization and Development

Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Evolution. - The Board, in coordination with the accredited professional arrangement and advisable authorities or individual agencies shall initiate undertake and conduct studies on health homo resources production, utilization and development.

Section 31. Comprehensive Nursing Specialty Program. - Within ninety (90) days from the effectivity of this Human action, the Board in coordination with the accredited professional arrangement recognized specialty organizations and the Section of Health is hereby mandated to formulate and develop a comprehensive nursing specialty program that would upgrade the level of skill and competence of specialty nurse clinicians in the country, such as but not limited to the areas of disquisitional care, oncology, renal and such other areas every bit may be adamant by the Lath.

The beneficiaries of this plan are obliged to serve in any Philippine hospital for a period of at least ii (two) years and continuous service.

Section 32. Bacon. - In social club to enhance the general welfare, delivery to service and professionalism of nurses the minimum base pay of nurses working in the public health institutions shall not be lower than salary grade 15 prescribes nether Democracy Deed No. 6758, otherwise known as the "Compensation and Classification Act of 1989": Provided, That for nurses working in local government units, adjustments to their salaries shall exist in accord with Department ten of the said law.

Department 33. Funding for the Comprehensive Nursing Specialty Program. - The annual financial requirement needed to railroad train at least ten pct (10%) of the nursing staff of the participating regime hospital shall be chargeable confronting the income of the Philippine Charity Sweepstakes Office and the Philippine Entertainment and Gaming Corporation, which shall equally share in the costs and shall be released to the Department of Health subject field to bookkeeping and auditing procedures: Provided, That the section of Wellness shall set the criteria for the availment of this program.

Section 34. Incentives and Benefits. - The Lath of Nursing, in coordination with the Section of Health and other concerned government agencies, clan of hospitals and the accredited professional person system shall establish an incentive and benefit arrangement in the form of free infirmary intendance for nurses and their dependents, scholarship grants and other non-cash benefits. The government and private hospitals are hereby mandated to maintain the standard nurse-patient ratio ready by the Department of Wellness.

Article VIII

Penal and Miscellaneous Provisions

Section 35. Prohibitions in the Practice of Nursing. - A fine of non less than Fifty one thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00) or imprisonment of non less than one (1) year nor more than six (six) years, or both, upon the discretion of the court, shall be imposed upon:

(a) whatsoever person practicing nursing in the Philippines within the meaning of this Act:

(1) without a document of registration/professional license and professional identification menu or special temporary permit or without having been declared exempt from examination in accordance with the provision of this Deed; or

(2) who uses equally his/her own document of registration/professional license and professional identification card or special temporary permit of another; or

(iii) who uses an invalid certificate of registration/professional person license, a suspended or revoked document of registration/professional license, or an expired or cancelled special/temporary permits; or

(4) who gives any simulated evidence to the Lath 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

(6) who appends B.South.N./R.Northward. (Available of Science in Nursing/Registered Nurse) or any similar appendage to his/her name without having been coferred said degree or registration; or

(7) who, every bit a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to do nursing.

(b) any person or the main executive officer of a judicial entity who undertakes in-service educational programs or who conducts review classes for both local and foreign exam without let/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 officeholder of a juridical entity violating any provision of this Act and its rules and regulations.

Commodity IX

Final Provisions

Section 36. Enforcement of this Act. - It shall be the primary duty of the Committee and the Board to finer implement this Act. Any duly law enforcement agencies and officers of national, provincial, city or municipal governments shall, upon the call or request of the Commission or the Board, return help in enforcing the provisions of this Human action and to prosecute whatsoever persons violating the same.

Section 37. Appropriations. - The Chairperson of the Professional Regulation Commission shall immediately include in its program and issue such rules and regulations to implement the provisions of this Human action, the funding of which shall be included in the Annual Full general Appropriations Act.

Section 38. Rules and Regulations. - Within ninety (90) days after the effectivity of this Human activity, the Lath and the Commission, in coordination with the accredited professional organization, the Department of Health, the Department of Budget and Management and other concerned government agencies, shall formulate such rules and regulations necessary to acquit out the provisions of this Act. The implementing rules and regulations shall exist published in the Official Gazette or in any newspaper of full general apportionment.

Section 39. Reparability Clause. - If any role of this Human activity is declared unconstitutional, the remaining parts not affected thereby shall go along to be valid and operational.

Section 40. Repealing Clause. - Republic Human action No. 7164, otherwise known as the "Philippine Nursing Human activity of 1991" is hereby repealed. All other laws, decrees, orders, circulars, issuances, rules and regulations and parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Department 41. Effectivity. - This act shall take effect fifteen (15) days upon its publication in the Official Gazette or in any ii (2) newspapers of general circulation in the Philippines.

Approved,

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.
Speaker of the Business firm of Representatives

This Act, which originated in the House of Representative was finally passed by the House of Representatives and the Senate on October xv, 2002 and October eight, 2003 respectively.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretarial assistant General
House of Represenatives

Approved: October 21, 2002

GLORIA MACAPAGAL-ARROYO
President of the Philippines

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