i RECENT
Republic of the Phitippines| a 17 AUG 2016

HOUSE OF REPRESENTATIVES P87
Quezon City, Metro Mai rr ¢ cay

SEVENTEENTH CONGRESS EY!
First Regular Session

House Bill No." — § AND INDEX SERVICE

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

EXPLANATORY NOTE

Anyone who has ever benefited from the services of a nurse, or seen a nurse gently and
efficiently minister to a loved one, is aware of the great debt we owe to members of this
profession, as well as the difficulty of the task. Our nurses are in great demand here and abroad,
bbut while their conditions beyond our shores are beyond our direct control, that is not so in the
case of those who work here at home, .. The current law governing the nursing profession is
Republic Act No. 9173 or the Philippine Nursing Act of 2002, which was enacted for the
protection and improvement of the nursing profession, ‘The law set out measures aimed to
ensure better nursing education, humane working conditions, improved career prospects and a
dignified existence for our nurses. Italso sought to guarantee the delivery of quality basic health
services through an adequate nursing personnel system throughout the country

While dutifully serving its purpose at the time, the fields of medicine and labor move quickly,
and the almost fifteen year statute must be updated to ensure that it remains relevant and
effective in its role of protecting and uplifting the nursing industry and healthcare in the country
as a whole, Such is the goal of this bill, filed as a counterpart of Senate Bill No. 725 with the
support of its author, Senator Cynthia Villar,

Sortane Ho alto
EMMELINE Y. AGLIPAY ~ VILLAR
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3110

House Bill No. ° *

Introduced by DIWA Party-list Representative E

AN ACT
PROVIDING FOR A COMPREHENSIVE NURSING LAW TOWARDS QUALITY.
HEALTH CARE SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

ARTICLE |
General Provisions

Section I. Title.-This Act shall be known as the “Comprehensive Nursing Law of 2016."

Section 2. Declaration of Policy. ~ It is hereby declared the policy of the state to uphold the
dignity of the nurses and assume responsibility for the protection, respect, and improvement of
the nursing profession by instituting measures towards competent and relevant nursing practice
for health and safety of the public, just and humane conditions of work, and promotion of
professional growth. Thus, the State recognizes nurses as prime movers of national
development and contributors to international cooperation and understanding,

‘The State further guarantees the delivery of accessible, affordable, and available quality health
care to all the people through the implementation of adequate and competent Nursing Personnel
System (NPS) throughout the country.

Section 3. Definition of Terms, ~ The following terms when used in this Act shall mean:
(a) Accredited Integrated Professional Organization (AIPO) refers to a professional
organization of nurses duly accredited by the Professional Regulation Commission
in accordance with Republic Act No. 8981

Page 2 of 23,


(b) Advanced Practice Nurse (APN) refers to a nurse who acquired substantial
theoretical knowledge and decision making skills in the specialty area of nursing
practice and proficient clinical utilization of this knowledge in implementing
independent and inter-dependent nursing interventions, Specialties can be
differentiated in categories, according to function, disease, pathology, systems, age,
sex, acuity, setting, technology, and therapies. They must be given certification’
credentialing by the Board, An APN must be a master’s degree holder in nursing.

(c) Bachelor of
education.

ence in Nursing (BSN) refers to the basic program for nursing

(d) Certification/Credentialing refers to the process undertaken by an individual
nurse to be recognized to practice in a specifically defined professional tract, i.e.
General Nursing, Nursing Specialty/ Advanced Practice, Nursing Education, and
Leadership and Governance, The Board confers the certification or credential after
a validation process based on promulgated guideline and mechanisms

(ec) Commission on Higher Education (CHED) refers to the body
promulgate policies, standards and guidelines in the implementation of basic and
graduate program for nursing education.

jeated by law to

(f) Health Facility refers to an institution, establishment, clinic that offers health
tals, barangay health centers and clinics.

services and nursing care, such as hospit

(g) Nurse, as provided for in this Act, refers to a person who passed the Philippine
Nurse Licensure Exams (PNLE) and whos
law. Thus, it pertains to a Registered Nurse (RN). A nurse may append b
his/her name the title "Nurse", "Nars’, or "Nrs.” or after his/ her name the title RN.

licen

has not been revoked by the

fore

(h) Nurs
management in an institution that classifies the structure, organization, and
coordination within the workforce both in private and public health care facilities
and nursing educational institutions to advance the welfare and protect the rights of
the nurses and to ensure the employer-employee relationship, s
Just compensation, humane conditions of work, and professional growth.

tem of human resource

ng Personnel System (NPS) refers to as;

ecurity of tenure,

(i) Philippine Nurse Licensure Exams (PNLE) refers to the written examination
given by the Board in order to obtain license to practice nursing,

(j) Precarious Work is the term used to describe substandard employment
conditions, such as underpayment, absence of salary, no security of tenure, lack of
employer-employce relationship, no benefits, poor working conditions, and
deviation from the standard employment relationships, such as contractual, false
volunteerism, job orders thru agencies, part time, self employment, fixed term

Page 3 of 23


work, temporary, on call, home workers, call center jobs, few benefits, lack of
collective bargaining representation, and no job security.

(k) Professional Regulation Commission (PRC) refers to the government agency
pursuant to Republic Act No, 8981 or as may hereafter be amended or repealed. It
shall be referred to in this Act as the Commission,

(I) Professional Regulatory Board of Nursing (PRBON) refers to the administrative
body created by law to supervise and regulate the practice of the nursing profession
in the Philippines. As such, the Board shall be the ultimate authority in the practice
of the profession in the Philippines. It shall be referred to in this Act as the Board

(m)Public Health Institution (PHD) refers to any government-led, owned or
controlled institutions which pursues and realizes the lofty goals and objectives of
providing and managing safe, efficient, effective and quality public health programs
and services and advocacies for health, in all levels of the Health Care Delivery
System (HCDS - national to local), which include, among others: Rural Health
Units (RHUs/ Barangay Health Centers); Research Facilities e.g, Research Institute
for Tropical Medicine, etc.; Training Resource Facilities e.g. the U.P. College of
Public Health and State or Local Colleges or Universities offering Health-Related
Programs; the Department of Health and all retained Health Facilities, and the like.

(n) Special Permit refers to the permit to practice nursing in the Philippines issued
by the Board to licensed nurses of foreign nationalities.

(0) Temporary Permit refers to the permit to practice nursing in the Philippines
issued by the Board to Filipino nurses, who does not have a professional license
from the Philippines or have not renewed their license for five (5) years, but are
licensed from foreign countries.

ARTICLE Il
Board of Nursing

Section 4, Creation and Composition of the Board. There shall be created a Professional
Regulatory Board of Nursing composed of seven (7) members who shall elect among
themselves a Chairperson to serve full one (1) term, without re-election, The President of the
Republic of the Philippines shall appoint the members of the Board from among those
recommended by the Commission and ranked from a list of three (3) nominees, per vacancy,
of the accredited integrated professional organization of nurses in the Philippines and who
possess the qualifications in this Act. Provided, that the membership of the Board shall
comprise the scope of nursing practice.

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Section 5. Qualifications of the Members of the Board.- ‘The members of the Board must
possess the following qualifications:
(a) Must be a natural born citizen and resident of the Philippines for the past
five (5) consecutive years;

(b) Must be a nurse in the Philippines and a holder of a valid and
updatedcertificate of registration and a current professional identification card:

(©) Must be a holder of a master's degree in nursing and preferably with a
doctorate degree conferred by a university duly recognized by the government;

(4) Must have at least ten (10) years of continuous practice of the nursing
profession prior to appointment: Provided, however, That the last five (5) years
of which must be in the Philippines; and

(©) Must be of good moral character and has not been convicted of any
offense involving moral turpitude.

Section 6. Prohibition as Member of the Board.— A member of the Board shall not hold a
position nor have pecuniary interest in any educational institution offering BSN, any review or
training center for PNLE, training hospitals and health facilities with nursing afl

tes.

Section 7. Term of Office. ‘The members of the Board shall hold office for a term of three (3)
years. Any member of the Board may serve for two (2) terms or a maximum of six (6)y

Section 8. Vacancy. Any vacancy in the Board must be filled in the manner prescribed in this
Act and only for the unexpired portion of the term, Each member of the Board shall take the
proper oath of office prior to the performance of duties.

Section 9, Compensation. The members of the Board shall receive compensation and
allowances comparable to the compensation and allowances received by the members of other
regulatory boards,

Section 10, Administrative Supervision of the Board, Custodian of its Records, Secretariat and
Support Services. The Board shall be under the administrative supervision of the Commission

All records of the Board, including applications for examinations, administrative and other
investigative cases conducted by the Board must 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.

Page 5 of 23,


Section 11. 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:
{@) Ensure the proper conduct of the PNLE, which includes the application,
test development, examination, correction and release of results. The use of
appropriate technologies and modalities during the conduct of the PNLE is
encouraged to enhance efficiency while upholding integrity;

(b) Issue, suspend, revoke or reissue certificates of registration for the
practice of nursing and ensure the widest publication through electronic and
written media;

(©) Enforce and monitor safe and quality standards of nursing practice,
study the conditions affecting the nursing practice in the Philippines, and
exercise the powers necessary to ensure the maintenance of efficient, ethico-
moral, technical and professional standards in the practice of nursing towards
the optimal health and common good of the nation;

(d) Ensure quality nursing education by examining and monitoring higher
educational institutions offering and seeking permission to open nursing
education programs and to ensure that standards of nursing education are
properly complied with and maintained at all times; Provided, that CHED shall
have the authority to open and close nursing education programs offered by
higher educational institutions;

(ec) Conduct hearings and investigations to resolve complaints against
actively practicing nurses for unethical and unprofessional conduct and
violations of this Act, or its rules and regulations and in connection therewith,
issue subpoena duces tecum and subpoena ad test
appearance of respondents and witnesses and the production of documents and
penalize with contempt persons obstructing, impeding or otherwise interfering
with the conduct of such proceedings, upon application with the Board of
Nursings

andum {0 require the

(0) Promulgate a Code of Ethics that is responsive to the needs of the
nursing profession, in coordination with the AIPO of nurses within a year from
the effectivity of this Act;

(g) Prescribe and operationalize, via necessary infrastructures, a National
Nursing Career Progression Program to ensure continuing. professional
development of Filipino nurses, create the Council fur Nursing Advancement,
Recognition, and Specialization as well as the various Nursing Specialty Boards
to assist the Board for this purpose:

Page 6 of 23,


(h) Ensure performance of mandated duties and funetions with the provision
of operational resources, including human, financial and spatial resources to
ensure the confidentiality and sanetity of their funetions as provided through the
annual budget of the Commission as promulgated in the General Appropriations
Act;

(i) Source and utilize funds earmarked for national nur

and

1g development;

(Prescribe, adopt, issue and promulgate guidelines, regulations, measures
and influence authorities and agencies on decision-making as may be necessary
for the improvement of nursing practice, advancement of the profession, and for
the proper and full enforcement of this Act, subject to review and approval by
Commis

(k) Create a council for nursing recognition, accreditation and certification
that will assist the Board in

1) Recognizing organized nursing groups:

2) Setting standards for advanced nursing practice, education,
research, and management;

3) Acerediting specialty and advanced nursing programs based on
established mechanisms:

4) Credentialing individual registered nurse based on accepted

5) Monitoring and evaluating specialty and advanced nursing
practice, education, research and management.

Section 12. Annual Report. ‘The Board shall, at the close of its calendar year, submit an annual
report to the President and Congress of the Philippines through the Commission giving a
detailed account of its proceedings and the accomplishments during the year and making
recommendations for the adoption of measures that will upgrade and improve the conditions
affecting the practice of the nursing profession,

Section 13, Removal or Suspension of Board Members.

The President may remove or suspend
any member of the Board, after due process, on the following grounds:
(a) Continued neglect of duty or incompetence;

ies in the PNLE; and,

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(©) Unprofessional, immoral or dishonorable conduct

ARTICLE IIL
Examination and Registration

Section 14. Philippine Nurse Licensure Examination (PNLE).~ In order to obtain a certificate
of registration, professional license, and professional identification card, all nursing graduates
must take and pass the PNLE. The Board shall administer the PNLE in such place and date as
designated by the Commission: Provided, That no nursing educational institution may withhold
any requirement or documents, or both, of any nursing graduate for the purpose of preventing
them to apply for the PNLE, All nursing educational institution must ensure that their nursing
graduates will take the nearest scheduled PNLE after graduation, Any delay in taking the PNLE
must be accordingly justified by the President, Registrar or Dean of the educational institution
through a public instrument,

Section 15, Scope of Examination. The Board shall determine the scope of the PNLE by
taking into consideration the nursing core competencies, the nursing curriculum, the scope and
areas of nursing practice, and other related disciplines,

Section 16. Qualifications for Admission to the PNLE.~ 1 order to be admitted to the PNLE,
an applicant:

(a) Must be a holder of a Bachelor of Science in Nursing degree from a
recognized educational institution that complies with the standards of
nursing education duly recognized by CHED;

(b) Must be of good moral character and have not been convicted, by final
judgment, of any criminal offense involving moral turpitude or guilty of
immoral or dishonorable conduct, or any person declared by the court tobe
of unsound mind; and,

izen of the Philippines, or a citizen of a country which
Filipino nurses to practice its on the same
basis as the citizen of such country; Provided, That the requirements for the
registration of licensing of nurses in said countries are substantially the same
as those prescribed in this Act.

hin its territorial |

Section 17. Fees for Examination and Registration—Applicants for licensure and for

registration must pay the preseribed fees set by the Commi

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Section 18. Ratings.-In order to pass the PNLE, an examinee must obtain a grade of at least
seventy-five percent (75%) of the tested areas in all competencies. An examinee who has failed
the PNLE three (3) times shall not be allowed to take any further PNLE, without having
undertaken a refresher program in a duly aceredited institution, The board shall issue guidelines
on the refresher program requirement,

Section 19. Issuance of Certificate of Registration, Professional License and Professional
Identification Card. ~ A certificate of registration and professional license shall be issued to all
successful examinees, subject to Section 14 of this Article, A certificate of registration and
professional license shall show the full name of the registrant, the signature of the Chairperson
of the Commission, and the members of the Board, The certificate shall bear the logo of the
Board and the official seal of the Commission.

‘The Commission shall likewise issue the professional identification card. The card must bear
the following: full name of the registrant nurse, the serial number, the date of issuance and
expiration, the signature of the Chairperson of the Commission; and date of registration.

Section 20. Oath of Profession All successful examinees must take an oath of profession
before the Board or any government official authorized to administer oaths prior to entering
upon the nursing practice,

Section 21. Roster of Nurses. ‘The Commission shall maintain a roster of nurses pursuant to
the PRC Automated System. The Roster of Nurses shall serve as the centralized database for
nursing professionals for purposes of documentation, verification of registrants, statistics,
research, and development,

Section 22. Integration of the Nursing Profession. The nursing profession shall be integrated
into one (1) national professional organization of nurses that is duly registered with the
Securities And Exchange Commission (SEC). The board, subject to approval by the
commission, shall accredit the said organization as the one and only Accredited Integrated
Professional Organization (A1PO) of registered nurses, All nurses whose names appear in the
Registry Book of Nurses shall ipso facto or automatically become members thereof and shall
receive all the benefits and privileges appurtenant thereto upon payment of AIPO membership
fees and dues.

Membership in the Accredited Integrated Professional Organization (AIPO) shall not be a bar
to membership in other nursing organizations.

Sec 23. Foreign Reciprocity. ~ No foreign nurse shall be given a certificate of
registration/professional license and professional identification card or be entitled to any of the
privileges under this Act unless the country or state of which the foreign nurses is a

itizen

Page 9 of 23


the citizens

permits Filipino nurses to practice within its territorial limits on the same basi
of said country or state.

Section 24. Practice through Special or Temporary Permit, ~ The Board may issue a special
or temporary permit to the following persons based on qualification, and professional and
moral standards as approved by the Commission: Provided, that a completion report will be
submitted to the Commission after every mission, to wit
(a) Licensed nurses from foreign countries whose services are either for a
fee or free if they are internationally well-known specialists or outstanding
experts in any branch or specialty of nursing:

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

(c) Licensed nurs
colleges/universities off

from foreign countries who are engaged by
ring the nursing program as exchange professors in a
branch or specialty of nursing; and,

(d) Licensed nurses from foreign countries who come to aid during declared
disasters and calamities.

The special or temporary permit shall be effective only for the duration of the project, medical
sion or engagement contract.

Section 25. Non-regisiration and Non-issuance of Certificate of Registration, Professional
License. ~ No person convinced by final judgement of any criminal offense involving moral
turpitude or any person guilty of immoral or dishonorable conduct or any person declared by
the court to be of unsound mind may be registered and issued a certificate, professional license,
professional identification card, or a special or temporary permit.

‘The Board shall furnish the applicant a written statement setting forth the reasons for the
actions, which shall be incorporated in the records of the Board.

Section 26. Revocation and Suspension of Certificate of Registration, Professional License,
and Professional Identification Card and Cancellation of Special or Temporary Permit, ~The
Board shall have the power to revoke or suspend the certificate of registration, professional
license, professional identification card, or cancel the special or temporary permit of a nurse
upon any of the following grounds:
(a) Conviction, by final judgment, of any criminal offense involving moral
turpitude or guilty of honorable conduct or any person
declared by the court to be of unsound minds

immoral or

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(b) Violation of this Act, its policies, rules and regulations, and of the
Philippine Code of Ethics for Nurses;

(©) Gross negligence, grave misconduct, ignorance, and incompetence in
the nursing practice;

(d) Fraud, concealment, misrepresentation, or fals
a certificated of registration, professional license, professional ident
card, special permit, or temporary permit;

jeation

(c) Practice of the nursing profession pending suspension of license.

The suspension of the certificate of registration, professional license, and professional

identification card, shall be for a period not exceeding four (4) years.

Section 27. Reinstatement and Re-Issuance of Revoked Certificates of Registration,
Professional License, and Professional Identification Card. ~ The Board may, after the
expiration of maximum of four (4) years from the date of revocation of a certificate of
registration, professional license, and professional identification card, for reasons of equity and
justice, and when the cause for revocation has disappeared or has been cured and corrected,
upon proper application thereof and the payment of the required fees, reinstate and re-issue the
certificate of registration, professional license, and professional identification card,

ARTICLE IV
Nursing Practice

Seetion 28, Nursing Practice.~ Nursing practice refers to the administration of care or tending
through the utilization of any of the following nursing processes: assessment, nursing
diagnosis, planning, implementation, and evaluation. Nursing practice encompasses various
stages of development towards the promotion of health, prevention of illness, health care
techniques and procedures, restoration of health, alleviation of suffering, and end-of-life care,
may it be performed independently or collaboratively

See.29. Scope of Nursing Practice. ~ The following are the scope of nursing practice: (1)
nursing education; (2) nursing service; (3) nursing research; and, (4) nursing leadership and
governance.

Section 30. Nursing Care. ~ Nursing Care includes, but is not limited to: the provision of
physiological, psychological, spiritual, social and emotional care, essential health car
and comfort measures, health teachings, executing health care techniques and procedures, and

safety

Page 11 of 23


traditional and innovative approaches to individuals, families, population groups and
communities from conception to death.

‘A nurse shall be deemed to be practicing nursing when he or she, for a fee, salary or
compensation, singly or collaboratively, performs nursing care to individuals, families,
population groups, and communities

Section 31. Roles, Responsibilities, and Competencies of a Nurse. - A nurse shall possess and
exercise the core competencies in the performance of the roles and responsibilities, in
accordance with the standards set by the Board.

Section 32, Continuing Professional Development (CPD), ~ All nurses shall abide by the
requirements, rules, and regulation on continuing professional development to be promulgated
by the PRC Regulatory Board, subject to the approval of the commission, in coordination with
the AIPO for nurses or any duly accredited education institutions. For the purpose, a CPD
council is hereby created to implement the CPD Program

Section 33. Requirement for Inactive Nurses Returning to Practice, ~ Nurses are deemed to be

inactive when:

(a) They are not utilizing nursing competencies as defined in the scope of
nursing practice for five (5) consecutive years;

(b) They have not renewed their professional identification card for five (5)
years: and

(c) They do not have proof of five (5) years of continuous nursing practi

Inactive nurses are required to undergo at least forty (40) hours of didactic training, and at least
one hundred twenty (120) hours of practicum in hospitals accredited by the Board; Provided,
that the Board may adjust the minimum hours herein stated if, upon evaluation, it is determined
that the adjustment or increase in hours is necessary to amply prepare and reorient the inactive
nurses to the nursing practice.

ARTICLE V
Nursing Education

Section 34. Nursing Education Refers to the formal learning and training in the science and
art of nursing provided by higher educational institutions duly recognized by the CHED,

‘There shall be a standard Basic and Graduate Program for Nursing Education which must be
pursuant to the CHED Law (RA 7722).

Page 12 of 23


Section 35. Basie Program for Nursing Education. ~ Refers to the nursing education program
that envisions to provide sound liberal and professional education, and to equip basic nursing
students with the necessary competencies for entry-level safe and quality nursing practice

Admission to the Basic Program for Nursing Education requ
Admission Test (NNAT).

cordance with the

The curriculum and the Related Learning Experiences (RLE) must be in a\
National Core Competence Standards promulgated by the Board and implemented through the
Policies, Standards, and Guidelines of the CHED.

Section 36. Graduate Program for Nursing Education Refers to the post baccalaureate
nursing program, which builds on the experience and skills of a nurse (owards mastery,
expertise, and leadership in practice, research, and education, It includes a master’s degree and
doctorate degree in nursing founded on the philosophies, and the scientific body of knowledge
and practice

Graduate Program for Nursing Education shall be offered only in higher educational
institutions as prescribe by the prevailing CHED Policies, Standards, and Guideline for
Graduate Education,

Section 37. Qualifications of the Dean, — The Dean of the College of Nursing (Dean) shall
formulate policies, plans in collaboration with the administration/school officials and
stakeholders, The Dean must adhere to the prescribe curriculum for the advancement of nursing
educatic

The Dean:
(a) Must be a holder of @ certificate of registration and a current
professional identification card issued by the Commission;
(b) Must have the appropriate certificate of nursing proficiency, or its
equivalent, to be issued by the PRBON;

(©) Must be a holder of a master’s degree in nursing, conferred by a college
or university, duly recognized by the Government of the Republic of the
Philippines;

(d) Must have at least five (5) years of experience in teaching and
supervision in Nursing Education; and

(ec) Must have at least three (3) years clinical experience in a general nursing
service,

Page 13 of 23


Section 38. Qualification of the Faculty. The faculty in the nursing education should have
the following qualifications or competencies:

1) Basic Program for Nursing Education. ~ A member of the f
College of Nursing teaching profession courses:
(a) Must be a registered nurse in the Philippines and holder of a
certificate of registration and a current professional identification card
issued by the Commission;

culty ina

(b) Must have at least three (3) years of nursing practi

(©) Must be a holder of a master’s degree in nursing, conferred by a
college or university duly recognized by the Government of the
Republic of the Philippines; and

(d) Must have the appropriate certificate of nursing proficiency, or
its equivalent, to be issued by the PRBON.

2) Graduate Program for Nursing Education, ~ A member of the faculty
teaching graduate professional course:
(a) Must follow prescription | and 2 of basic nursing education; and

(b) Must be a holder of a doctoral degree in nursing conferred by a
university duly recognized by the Government of the Republic of the
Philippines,

Section 39, Faculty-to-Student Ratio, ~ The faculty-to-student ratio must be in accordance with
the standards, as may be determined and prescribed by the CHED,

ARTICLE VI
Nursing Service

See.40, Nursing Service. Nursing Serviet

s the promotion of health and prevention of illness,
which includes, but not limited to, nursing care provided by a nurse, either independently or
collaboratively, to any individual, family or group in various health care settings.

Nursing Service shall include the following functions:
(1) Provide health education to individuals, families and communities;

Page 14 of 23,


(2) Ensure the information on healthy lifestyle are incorporated in his or her
health teachings;

(3) Seek opportunit
influence;

to promote a healthy lifestyle within his or her

(4) Accept that he or she is a role model for a healthy lifestyl

(5) Enable people to increase control over their health and to improve
health;

(6) Build healthy public policy;
(7) Create supportive environment;

(8) Strengthen community action for health; and

(9) tablish linkages with community resources and coordination of
services with the health team

Section 41. Nursing Interventions. ~ Nursing interventions include, but is not limited to any
combination of essential primary health care, the application of traditional and innovative
approaches, health counselling, and administration of written prescription for treatment,
therapies, oral, topical, and parenteral medications, perform peripheral care covering pre-intra-
postpartum care including the performance of internal examination during labor in the absence
of antenatal bleeding, attend to normal delivery and suturing of perineal laceration and
immediate care of the newborn; perform perioperative care covering pre-intra-post surgical
care interventions; care during emergency and disaster,

Section 42. Health Interventions in Collaboration with Other Members of the Health Team, ~
In the various stages of nursing practice from promotion of health to end-of-life care, nurses
shall collaborate with other members of the health team,

Section 43. Advanced Practice Nursing. - Advance Practice Nursing is the specialized and
expanded nursing care pursuant to Section 46 hereof, Advanced Practice Nursing involves
specialty training, through an advanced practice nursing program, formulated by the concerned
agencies with certification to be issued by the Board after passing the qualifying examination,
A Registered Nurse (RN) who seeks to be an Advance Practice Nurse (APN) must have a
master's degree in Nursing,

ARTICLE VII
Page 15 of 23,


Nursing Research, Policy Development, and Planning

Section 44, Nursing Research and Policy Development Nursing Research and Polie:
Development shall involve study and pursuit of nurse related issues encompassing the
following areas:
(a) Professional nursing practice such as advancing nursing knowledge to
ensure quality nursing care for all and advocacy for sound health policies
globally.

(b) Nursing regulation on credentialing, code of ethics, standards and
competencies.

(c) Socio-economic welfare for nurses like occupational health and safety,
human resources planning and policy, remuneration, career development.

Section 45, Studies for Nursing Human Resource Needs, Production, Utilization and
Development. ‘The Board, in coordination with the accredited integrated professional
organization of registered muses and the appropriate government or private agencies, shall
initiate, undertake and conduct studies on healthcare human resources production, utilization
and development,

Section 46. Advanced Practice Nursing Program.~ Within ninety (90) days from the effectivity
of this Act, the Board, in coordination with the accredited integrated professional organization
of registered nurses, recognized specialty organizations, and the Department of Health (DOH),
is hereby mandated to formulate and develop an Advanced Practice Nursing 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 critical care, oncology, renal and such other areas as
may be determined by the Board: Provided, that the beneficiaries of this program are obliged
to serve in any Philippine hospital for a period of at least two (2) years of continuous service.

Section 47. Salary. In order to enhance the general welfare, commitment to service and
nalism of nurses, the minimum base pay of nurses working in the governmental health
institutions shall not be lower than the existing Salary Grade 15 (SG-15); Provided, That for
nurses working in local government units, adjustments to their salaries shall be in accordance
with Section 10 on Compensation Adjustment for LGU Personnel of Executive Order No. 201,
series of 2016.

Section 48. Incentives and Benefits The Board, in coordination with the DOH, other
concerned government and non-government institutions, association of hospitals and the AIPO
for registered nurses, shall establish an incentiv the form of free hospital
care for nurses and their dependents, scholarship grants and other non-cash benefits,

and benefit 5

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ARTICLE VII
Nursing Leadership and Governance

Section 49, Nursing Leadership.~ Nursing is a dynamic field that requires leaders who will go
through the changing aspects of the health sector as they are part of the workforce that will toil
and labor for the improvement of the health of the citizenry. Nurses adopt specific roles in
organizational structure, from being the policy makers in health facilities and giving guidane
to senior management on best practices in nursing and patient care. They work with healtheare
leaders to establish compensation and benefit programs and are involved in nurse recruitment,
training and retention. Thus, nurses in management positions shall develop patient-care
programs, manage nursing budgets, plan new patient services, establish nursing policies and
procedures, participate in cross-departmental decision making, conduct performance
improvement activities and represents the scope of nursing practices at Board of director
meetings and other stakeholder,

Section 50, Nursing Governance Governance in nursing practice is shifting from
thetraditional view that nurses are subordinate and passive employees towards havingmore
proactive involvement of taking charge of the organization to be the antecedentin decision
making and implementation of plans and policies for the patients andcommunities. Governance
in the practice of nursing shall empower each nurse indecision-making over their professional
practice while extending their power andcontrol over the administrative aspect of their practice.

ARTICLE IX
Nursing Personnel System

Section 51, Nursing Personnel System.~ ‘The nursing personnel system covers the following
fields: nursing service administration in the hospital setting, community health pra
the academe, There shall be a nursing service office in every health institution, may it be
1, with at least ten nurses. The nursing service office must be under the
control and management of a chief nursing officer.

ice, and

administrative or clini

Section 52. Ratio.— The ratio of a staff nurse to a patient in a general nursing service or general
ward of a hospital shall be set at least 1: 12, in order to effectuate the quality nursing care for
patients, There shall be a nurse for every barangay and industrial establishment: Provided, that
the nurse shall supervise other health workers in the work area,

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There shall be a nurse for every school, whether private or public, primary, secondary or
tertiary, subject to the applicable ratio prescribed by the appropriate government agency.

Section 53. Beginning Registered Nurse.— A beginning registered nurse shall provide for safe
and quality care to an individual, family, or group that is independent or provided as part of a
be able (o assess, plan, implement, and evaluate the care provided to
clients based on evidence derived from research,

team. The nurse mu

‘A beginning registered nurse must have the following minimum qualifications:
(1) Must be a Bachelor of Science in Nursing graduate from a higher
educational institution recognized by the CHE!

(2) Must be a registered nurse with current certificate of registration and
professional identification card issued by the Commission;

(3) Must be physically, mentally and psychologically fit to practice nursing:
and

(4) Must not be convicted of any crime involving moral turpitude.

Section $4, Nursing Service Management.-Nursing Service Management refers to the
Management and Administration of Nursing Services by Nurses equipped with the necess
competencies on governance and leadership, to wit:

(0) st Level Manager is responsible directly for the physical set-up of the
unit, structure and other human resources for health care provision.

2) Middle Level Manager is responsible for the department or section
handling more than one (1) or two (2) units, taking care of the financial, logistic,
operational functions and others

(3) Top Level Manager oversees all nursing units in terms of financial and
ind nursing assistants! a

human resources for health such as nurs

junets.

Nursing Service Managers must have the following minimum qualifications in addition to the

ments of a Begi
(a) For first level managerial position in nursing, must have at least
eighteen (18) units of nursing management and clinical subjects in Master of
Arts in Nursing or Master of Science in Nursing, at least three (3) years of
clinical work experience, and must have participated in at least one (1) research
project to improve quality of care;

ing Registered Nurse:

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(6) For middle level managerial position in nursing, must have completed
all academic requirements in Master of Arts in Nursing or Master of Science in
Nursing and must have at least three (3) years of clinical work and two (2) years
of management experience, and must have initiated at least one (1) research
project to improve quality of care;

(©) For top level managerial position in nursing, must have a post-graduate
degree in nursing or health management — related sciences and at least three (3)
years of clinical work and three (3) years of management experience, and must
have initiated at least two (2) research projects to improve quality of care; and

(a) For all managerial positions ~ Must present the appropriate Certificate
of Nursing Proficiency, or its equivalent, from the Board in observance of the
Nursing Leadership and Governance Certification Program (Nurse
Administrator I, Nurse Administrator I, Nursing Administration Specialist).

‘The above qualifications shalt apply to all nurses occupying supervisory or managerial
positions across all health facilities.

Section 55. Public Health Practice. A nursing service shall be organized and operationalized
in every local health agencies in order to ensure the nursing component of public health
programs. Thus, an ideal of having at least one (1) nurse in every barangay shall be the thrust
of public health in order to provide accessible, available, and affordable quality health care to
all. More so, the ideal of having at least one (1) nurse in every school, whether private or publ
shall be prioritized in every primary, secondary and tertiary educational institution in order to

instill health awareness at an early stage and to improve the health status of the students.

Section 56, The Chief Nursing Officer (CNO).- The nursing service and delivery of healthcare
in a public health practice or community set-up must be under the control and management of
the Chief Nursing Officer or CNO. ‘The CNO shall carry full administrative responsibility and
shall have the authority on planning, organizing, directing, and controlling of public health
nurses. A CNO must have a minimum of three (3) years practice in a community setting as a
Public Health Nurse, and must have at least five (5) years of experience in relevant nursing
practice setting. In addition, the CNO in public health agency must be a master's degree holder
in relevant nursing practice setting, conferred by an educational institution duly recognized by
CHED.

‘The CNO is responsible for the formulation of policies, strategic and operational planning,
ancial plan and resource allocation, policies and procedure development, professional and
organizational involvement to address epidemiologic problems and provide statistical data, and
shall exercise good governance and accountability of the nursing personnel in a public health
setting. The CNO shall also act as the advocate for the rights and welfare of public health
nurses.

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Section 57. Nurse Supervisor (NS).—The Nurse Supervisor or NS shalll be in charge of planning,
organizing, directing and controlling activities within a demographic unit. AN
minimum of three (3) years practice in a community setting as a Public Health Nurse, and must

be a master's degree holder in Public Health Nursing or its equivalent.

must have a

Section 58. The Public Health Nurse (PHN). The Public Health Nurse or PHN shalt perform
the functions and activities of health promotion, such as the prevention and treatment of various
diseases and illnesses, in a particular public setting. The PHN shall exercise a supervisory role
to the midwives and barangay health workers within her area. The PHN shall initiate and
participate in developing policies and guidelines to promote basic nursing services.

ARTICLE X
Prohibited Acts and Penal

Section 59, Prohibited Acts.~ Any of the following shall constitute unlawful and illegal acts:
(a) Any person who is practicing the nursing profession in the Philippines:

1) Without a certificate of registration, professional license, professional
identification card, special permit or temporary permit or without having
been declared exempt from examination in accordance with the provision of
this Act;

2) Who uses a certificate of registration, professional license, professional
identification card, special permit or temporary permit of another;

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 or temporary permits;

4) Who, by any means of misrepresentation, false evidence, or
concealment, obtained a certificate of registration, professional |
professional identification card, special permit or temporary permit;

ense,

5) Who falsely poses or advertises as a registered and licensed nurse or
mn that he/she is a

uses any other means that tend to convey the impres

registered and licensed nurse;

6) Who appends "Nurse", ""Nars", or "Nrs." before his or her name or
B.S.N/RN. (Bachelor of Science in Nursing/Registered Nurse) after his or
her name without having been conferred said degree or registration; or

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7) Who, as a registered and licensed nurse, abets or assists in the illegal
practice of a person who is not lawfully qualified to practice nursing,

(b) Any natural or juridical person, educational institutions offering BSN
without full complianee with the requirements prescribed by law
conducts Continuing Professional Development for nurses without
accreditation from the Board; or any natural or juridical person or health
facility who undertakes or offers in-service training programs for a fee
and without permit/clearance from the Board and the Commission;

(©) Any natural or juridical person or health facility who subseribes to sub-
standard quality of nursing care and/or nursing practice, such as non-
compliance with the nurse-to-patient ratio;

(4) Any natural or juridical person or health facility who exercises and

promotes precarious working conditions to nurses, such as, but not
limited to, the following:

1) Contracting or availing of the services of a nurse either without salary,
for allowance, for salary below the applicable wage prescribed under this
‘Act, whether or not under the pretext of a training, development program,
certification course and or seminar;

2) Depriving or denying a nurse of the incentives and benefits as provided
for by existing laws;

3) Collecting any fees from a nurse or from any person or agent in his or
her behalf in exchange for voluntary services of a nurse in « health facility

4) Requiring or obliging a volunteer nurse to perform the regular work
functions and/or regular work load expected from a regular staff nurs
employed by the health facility without proper compensation, to render full-
time service as a condition for the continued availment of his/her volunteer
services, and/or to be the sole nurse on duty, except during disasters,
calamities, public emergencies and war;

5) Contracting or availing of the services of a volunteer nurse, under the
pretext of On-The-Job Training (OT), contract of service, and/or job
orders, in order to fill-up a vacant position that requires the hiring of a full-
time regular employed nurse, or for free in exchange for any type of
certification to be issued by the health facility for purposes of the
employment application of the nurse; or

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6) Contracting or availing of the services of a nurse, under the pretext of
ining or certification course, but requiring the nurse to render the tasks
and responsibilities expected of a regular staff or public health nurse, in
violation of Section 48 hereof,

we

(©) Any violation of the provisions of this Act.

Section 60. Sanctions.~A fine of not less than one hundred thousand pesos (P 100,000.00) nor
more than three hundred thousand pesos (P300,000.00) 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 violation of any prohibited acts enumerated in Section 59 (a) hereof,

A fine of not less than three hundred thousand pesos (300,000.00) nor more than five hundred
thousand pesos (500,000.00) and/or imprisonment of not less than one (1) year nor more than
six (6) years shall be imposed upon violation of any prohibited acts enumerated in Section 59
(b), (©), (@), and (e) hereof. In addition, suspension or revocation of license to operate the health
facility may be issued upon the discretion of the court, In case the violation is committed by a
partnership, corporation, association, or any other juridical person, the managing partner,
president, director/s, or manager who has committed or consented such violation shall be held
directly liable and responsible for the acts, as principal or as co-prineipal/s with the other
participants, if any

Section 61, Refund and Compensation. - Any nurse found to have been a vietim of Section $9
(d) hereof shall be entitled to a full refund of all fees illegally collectedfees and charges and the
payment of unpaid salary, if'any which should not be less than the applicable wage for services
rendered.

ARTICLE XI
Miscellaneous

Section 62. Implementing Agencies,— ‘The Department of Health (DOH) is hereby designated
as the agency tasked with monitoring the compliance with and implementation of the
provisions of this Act by public health facilities. The Department of Labor and Employment
(DOLE) is designated as the agency tasked with monitoring the compliance with and
implementations of the provisions of this Act by private health facilities. The Commission and
the Board are designated as the agencies tasked with monitoring the compliance with and
implementations of the provisions of this Act by educational institutions, CPD providers and
health facilities. The CHED is similarly designated as the agency tasked with monitoring the
compliance with and implementations of the provisions of this Act by educational institutions

with regard (o nursing education programs and curriculum,

Section 63. Appropriations. ‘The amount necessary to carry out the provisions of this Act
shall be charged to savings of the concerned agencies immediately upon effectivity hereof.

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Every year thereafter, the amounts necessary to effectively implement the provisions of this
Act shall be included in the annual budget of the concerned agencies to be incorporated in the
General Appropriations Act (GAA).

In order to effectively carry out the advance practice of the nursing program, the annual
financial requirement needed to train at Yeast ten percent (10%) of the nursing staff of the
participating government hospitals and inst hall be chargeable against the income of
the Philippine Charity Sweepstakes Office (PCSO) and the Philippine Amusement And
Gaming Corporation (PAGCOR), which shall equally share in the costs; the same shall be
released to the Department of Health subject to the usual accounting and auditing procedures.
Provided, that the Department of Health shall set the budget for, as well as the criteria for the
ayailmentof this program.

tutions

Section 64. Implementing Rules and Regulations. ~ Within ninety days (90) after the effectivity
of this Act, the Commission, the Board, the AIPO for registered nurses, the Civil Service
Commission, the Department of Budget and Management, the Department of Health and other
concemed nursing organizations and government agencies, shall formulate the implementing
rules and regulations necessary to carry-out the provisions of this Act, The implementing rules
and regulations shall be published in the Official Gazette or in at least two (2) newspapers of
general circulation,

Section 65. Separabiliy Clause. ~ Should any provision of this Act be declared
unconstitutional, the remaining parts not affected thereby shall remain valid and operational.

Section 66. Repealing Clause. Republic Act No. 9173, otherwise known as the "Philippine
Nursing Act of 2002" is hereby repealed, All other laws, decrees, orders, circulars, issuance:
rules and regulations and parts thereof which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.

Section 67. Effectivity.
oft

This Act shall take effect fifteen (15) days after its publication in the
ial Gazette or in any two (2) newspapers of general circulation in the Phi

Approved,

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