Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H.B.No, 9780 0

Introduced by HONORABLE JUAN EDGARDO “SONNY.” M. ANGARA

EXPLANATORY NOTE

The Professional Nursing in the Philippines is currently guided by Republic Act No
9173, otherwise known as The Philippine Nursing Act of 2002. During the time of its enactment,
there were only around 251 schools offering nursing courses. A decade after, we now have 491
Colleges of Nursing. From year 2000-2010, data show a total of 2,668,046 enrollees in nursing
programs nationwide with 491,900 graduates - 365,625 of which, including those “repeaters”,
passed the nursing licensure examinations. Over the same period of time, there were only
130,703 nurses deployed overseas while the local positions remained at 65,000. The
inadequacies of the system in determining and projecting human resource needs in and out of
the country produced an oversupply of registered nurses from 150,000-180,000 in 2007-2008 to
280,000 in 2008-2009.

Unfortunately, the quantity of Filipino nurses has been inversely proportional to the
quality of education provided by our nursing schools. The Nurse Licensure Exam (NLE) results
show an alarming decline in the national passing percentage year after year. It reached an all-
time low of 35.26% in the December 2010 NLE with only 29,711 passers out of 84,287
‘examinees. Citing the decline in the quality of graduates, the Commission on Higher Education
(CHEd) issued Memorandum Order 32-2010 promulgating a moratorium on the opening of all
undergraduate and graduate programs in Business Administration, Nursing, Teacher
Education, Hotel and Restaurant Management, and Information Technology effective School
Year 2010-2011

We have an oversupply of nurses and yet we are still far from achieving the ideal nurse
to patient ratio of 1:4 per shift. The Philippine General Hospital has a nurse to patient ratio of
1:15-26 per shift while Davao del Sur has a province-wide ratio of 1:44-45 per shift. Clearly,
there is an urgent need for reforms.

This bill proposes to expand the roles and responsibilities of Filipino nurses and equip
them towards independent practice — from primary health care, to the more specialized and
advanced practice of nursing in various health care settings. Also, it aims to ensure proper
professional nursing development through the expansion of the scope of nursing practice to
‘encompass not only nursing education and services but also include research, leadership and
governance as inherent areas of practice.

Philippine Nursing must extend beyond institution and employment-based care services
to help realize access to Universal Health Care. The Nursing Practice must be proactively
JUAN EDGARD!

responsive to both local and global demands and developments.
scan
Representative

Lone District, Proince of Aurora

In view of the foregoing, approval of this bill is earnestly sought.



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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:

First Regular Session

HOUSE BILLNO.__59780

Introduced by: HONORABLE JUAN EDGARDO M. ANGARA

AN ACT
INSTITUTING REFORMS TO FURTHER PROTECT AND DEVELOP THE NURSING
PROFESSION, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBERED NINETY-ONE
HUNDRED AND SEVENTY-THREE, OTHERWISE KNOWN AS THE “PHILIPPINE NURSING
ACT OF 2002"

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

SECTION 1. Section 1 of Republic Act No. 9173 is hereby amended to read as follows:
ARTICLE |
Title
Section 1. Short Title. - This Act shall be known as the “Philippine

Nursing Practice Reform Act of 2011”

SEC. 2. Section 2 of the same Republic Act is also hereby amended to read as follows:
ARTICLE Il
Declaration of Policy
Sec. 2. Declaration of Policy. - Public health safety demands a high level

of competency among Filipino nurses. It is hereby declared the policy of the


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SEC. 3.

Section

State to guarantee universal access to the delivery of basic quality health
services through an adequate nursing personnel system throughout the country.
The State recognizes nurses as prime movers of national development and
contributors to international cooperation and understanding. As such, the State
assumes responsibility for the protection, improvement and development of the
nursing profession by instituting measures that will result in relevant and quality
nursing practice, humane working conditions, better career prospects, and a

dignified existence for nurses to ensure high level of wellness and well-being.

Section 28, Article VI of the same Act is hereby amended and renumbered as

3 under Article III and succeeding Sections are hereby renumbered accordingly, to read

as follows:

ARTICLE Ill
‘Scope of Nursing Practice
The practice of the profession of nursing includes the performance of

functions in nursing service, education, research, leadership and governance.

Sec. 3. Scope of Nursing Service. - A person shall be deemed to be
practicing nursing within the meaning of this Act when he/she singly or in
collaboration with another, initiates and performs nursing care to individuals,
families, population groups and communities in any health care setting. It
includes, but not limited to, nursing care during conception, labor, delivery,
infancy, childhood, toddler, preschool, school age, adolescence, adulthood and
old age. Nurses are primarily responsible for the promotion of health and
prevention of illness. As members of the health team, nurses shall collaborate

with other health care providers for the promotive, preventive, curative, and


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rehabilitative aspects of care, restoration of health, alleviation of suffering, and
when recovery is not possible, towards a peaceful death. In performing
independent and collaborative functions singly or jointly, it shall be the duty of the
nurse to:

a) Provide nursing care through the utilization of the nursing process.
Basic nursing care includes, but not 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 administration of written prescription for treatment, therapies, oral, topical
and parenteral medications, internal examination during labor in the absence of
antenatal bleeding and delivery, and suturing of perineal laceration

Provide advanced nursing care through specialized and expanded roles
within the protocol of advanced nursing practice. Certification by an accredited
certification body is required.

b) . Collaborate with community resources and coordinate with the
members of the health team in any health care setting;

©) Provide health education to empower individuals, families,
population groups and communities to maintain, attain, restore and sustain
optimal health and quality of life;

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

registered nurse; and


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e) Undertake nursing and health human resource development
training and research, which shall include, but not limited to, the’ development of
advanced practice nursing;

Provided, That this section shall not apply to nursing students who
perform nursing functions under the direct supervision of a qualified faculty;
Provided, further, That in the practice of nursing in all settings, the nurse is
mandated to observe the Code of Ethics for Nurses and uphold the standards of
safe and quality nursing practice. The nurse is required to maintain competence
by continual professional development as prescribed by the Board of Nursing:
Provided, finally, That the program and activity for the continual professional

development shall be submitted to and approved by the Board.

Nursing services include, but are not limited to, nursing care provided to
individual, family or group in any health care setting such as hospitals, public
health institutions or communities, clinics and others by a registered nurse. The
nurse shall possess the core competencies prescribed by the Board of Nursing.
Nursing service includes the provision of specialized, expanded and advanced

practice services as well as nursing management.

(A) Beginning Registered Nurse. — Beginning registered nurse provides for safe
and quality care to an individual, family or group that is independent or provided
as part of a team by a nurse or a group of nurses who will be able to assess,
plan, implement and evaluate care provided to clients based on evidence derived
from research

A beginning registered nurse must have the following minimum qualifications:

1) Bachelor of Science in Nursing graduate


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2) Registered nurse with current PRC ID
3) Must be physically, mentally and psychologically fit to practice nursing
4) Must not be convicted of any moral turpitude

5) Must be a member of the accredited professional organization (APO)

(B) Advanced Practice Nurse. - Advanced practice nurse is a registered nurse
who has acquired expert knowledge base, complex decision-making skills and
clinical competencies for expanded practice’ based on evidence derived from
research. Advanced practice of nursing requires substantial theoretical
knowledge in the specialty area of nursing practice and proficient clinical
utilization of this knowledge in implementing independent and interdependent
nursing interventions. Specialties can be differentiated in different categories:
according to functions, disease/pathology, systems, age, sex, acuity, settings,
technology/therapies®. This practice includes the acquisition of new knowledge
and skills that legitimize role autonomy within specific areas of practice’. A
master’s degree is required for entry level. This includes but is not limited to

those who are in education, management and clinical practice.

‘An advanced practice nurse must have the following minimum qualifications in
addition to the requirements of a beginning registered nurse:
1) Relevant master’s degree graduate from a recognized university-based
program

2) Must be certified based on the Board of Nursing protocol

* International Council of Nurses, 2002
? International Council of Nurses, 1992
* Hamric, 2002


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3) Must be a member of the accredited professional organization (APO)

and the corresponding specialty organization.

(C) Nursing Service Manager. — Nursing service manager is a registered nurse
occupying supervisory or managerial positions requiring leadership and

knowledge of nursing management.

1) The first level manager is responsible directly with the physical set-up of
the unit, structure and other human resources for health.

2) The middle level manager is responsible for the department or section
handling more than one (1) or two (2) units, takes care of the financial,
logistic, operational functions and others.

3) The top level manager oversees that all nursing units in terms of the
financial, human resources for health (not just of the nurses but including

the nursing assistants/adjuncts) and others.

‘A nursing service manager must have the following minimum qualifications in

addition to the requirements of a beginning registered nurse:

a) For first level managerial position in nursing, eighteen (18) units of
nursing management and clinical subjects in Master of Arts in
Nursing/Master of Science in Nursing and at least three (3) years of
clinical work experience.

b) For middle level managerial position in nursing, completed all academic
requirements in Master of Arts in Nursing/Master of Science in Nursing
and at least three (3) years of clinical and two (2) years of management

experience.


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¢) For top level managerial position in nursing, master’s degree in nursing or
health management-related sciences and at least three (3) years of
clinical and three (3) years of management experience.

d) Must be a member of good standing of the accredited professional

organization and relevant nursing organizations.

Provided that the above qualifications shall apply to all nurses occupying
supervisory or managerial positions across all health facilities such as, but not
limited to primary or military health facilities, for top level managerial position of

first and second levels, as well as medical centers nationwide.

(0) Nurse-patient Ratio. - The government and private hospitals are hereby
mandated to maintain the standard nurse-patient ratio set by the department of
health:

+ Inhospitals based on acuity and authorized bed capacity (ABC)

+ In community based on need, population and geography

+ In occupational or school settings based on relevant legal instruments

(AO, EO, RA)

Sec. 4. Scope of Nursing Education. - Nursing education is the formal
learning and training in the science and art of nursing provided by Higher

Education Institutions duly accredited by CHED.

(A) Basic Nursing Education Program. - The basic nursing education

Program is a competency-based curriculum which will provide sound


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liberal and professional education to implement the necessary safe
quality nursing practice.

Admission to the baccalaureate nursing program shall require
passing a National Nursing Admission Test (NNAT).

The curriculum and the related learning experiences shall adhere
strictly to specific requirements embodied as promulgated by the
Commission on Higher Education's policies and standards of nursing

education.

(8) Graduate Nursing Education Program. ~ The graduate nursing education

program builds on the experiences and skills of a registered nurse towards
mastery, expertise and leadership in practice, research and education. It
includes a master's degree and doctorate degree in nursing founded on the
philosophical, scientific body of knowledge and practice.

Graduate and post-graduate nursing programs shall be offered only by
level three (3) accredited higher education institutions as promulgated by

the CHED policies and standards on graduate education.

(C) Qualifications of Faculty Members.

1. Basic Nursing Education. A member of the faculty in a college of
nursing teaching professional courses must:
a. Be a registered nurse in the Philippines and a holder of a
current valid PRC ID;
b. Have at least three (3) years of clinical practice in a field of

specialization;


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c. Be amember of good standing in the accredited professional
organization of nurses;

d. Be a holder of a master’s degree in nursing, education, or
other allied medical and health sciences conferred by a
college of university duly recognized by the Government of
the Republic of the Philippines.

e. Must undergo teacher training program for nursing education
prior to employment

f, Must undergo an accredited clinical skills competency
enhancement every two (2) years, as prescribed and
accredited by the — continuing —_ professional

education/development council for nursing,

2. Graduate Nursing Education. A member of the faculty teaching

graduate professional courses must:

a. Follow prescriptions 1 and 2 of basic nursing
education; and

b. Be a holder of a doctoral degree in nursing, education,
or other allied health sciences conferred by a college of
university duly recognized by the Government of the
Republic of the Philippines.

Provided, further, that Higher Education Institutions offering both

basic and graduate nursing education programs shall be given three
(3) years within which to comply with qualification requirements of

faculty members from the effectivity of this Act.


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(D) Qualifications of the Dean. ~ The dean of a college of nursing must:
1) Be a registered nurse in the Philippines and a holder of current
valid PRC ID;

2) Have at least three (3) years of clinical practice in a field of
specialization;

3) Have at least three (3) years of nursing education program
management experience or three (3) years of management in
any health-related institution;

4) Be a holder of a master’s degree in nursing for baccalaureate
program and preferably a doctoral degree in nursing for
doctoral program conferred by an accredited college or
university in the Philippines or its equivalent;

5) Must undergo progressive training for deans according to

program prescribed by the Board.

(E) Faculty-student Ratio. - The ratio of faculty to student is based on the
CHED Memorandum Order (CMO) No. 14 Series of 2009, Policies and

Standards for Bachelor of Science in Nursing (BSN) Program.

Sec. 5. Requirement for inactive nurses returning to practice. - Nurses
are deemed to be inactive when:
1) They are not utilizing nursing competencies as defined in the scope of
nursing practice for five (5) consecutive years.
2) There is non-renewal of PRC ID for five (5) years.

3) They do not have proof of five (5) years of continuous nursing practice.

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Inactive nurses are required to undergo one (1) month of didactic training
and three (3) months of practicum. Only the Board shall accredit hospitals and

health care agencies to conduct the said training program.

SEC. 4 Article III of the same Act is hereby amended to read as follows:
ARTICLE IV
Organization of the Board of Nursing
Sec. 6. Creation and Composition of the Board. ~ There shall be created
a Professional Regulatory Board of Nursing, hereinafter referred to as the Board,
to be composed of a chairperson and six (6) members. They shall be appointed
by the President of the Republic of the Philippines from among two (2)
recommendees, per vacancy, of the Professional Regulation Commission,
hereinafter referred to as the Commission, chosen and ranked from a list of three
(3) nominees, per vacancy, of the accredited professional organization of nurses
in the Philippines who possess the qualifications prescribed in Sec. 7 of this Act.
Sec. 7. Qualifications of the Chairperson and Members of the Board. —
The Chairperson and Members of the Board shall, at the time of their
appointment, possess the following qualifications:
(a) Be natural born citizen and resident of the Philippines for the last five
(6) years;
(b) Be a member of good standing of the accredited professional
organization of nurses;
(©)Be a registered nurse in the Philippines, and a holder of a current
valid PRC ID;
(d)Be a holder of a master’s degree in nursing and preferably with a

doctorate degree conferred by an accredited university;


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(e)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 shall be in the Philippines; and

(f) Must be of proven honesty and integrity; Provided, That the
membership to the Board shall represent the three (3) areas of
nursing, namely: nursing education, nursing service and community

health nursing,

Sec. 8. Requirements Upon Qualification as Member of the Board of
Nursing. -Any person appointed as Chairperson or Member of the Board shall
immediately resign from any 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
government-owned or controlled corporations or their subsidiaries as well as
these employed in the private sector. He/she shall not have any pecuniary
interest in or administrative supervision over any institution offering Bachelor of

Science in Nursing including review classes.

Sec. 9. Term of Office. -The Chairperson and Members of the Board shall
hold office for a term of three (3) years and until their successors shall have been
appointed and qualified; Provided, That the Chairperson and members of the
Board may be re-appointed for another term.

Any vacancy in the Board occurring within the term of a Member shall be
filled for the unexpired portion of the term only. Each Member of the Board shall

take the proper oath of office prior to the performance of his/her duties.

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The incumbent Chairperson and Members of the Board shall continue to
serve for the remainder of their term under Republic Act No. 9173 until their
replacements have been appointed by the President and shall have been duly

qualified.

Sec. 10. Compensation of the Board Members. -The Chairperson and
Members of the Board shall receive compensation and allowances comparable to
the compensation and allowances received by the Chairperson and members of

other professional regulatory boards.

Sec. 11. 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 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.

Sec. 12. Powers and Duties of the Board. — The Board shall supervise
and regulate the practice of the nursing profession and shall have the following
powers, duties and functions:

a) Ensure the proper conduct of the Philippine Nurse Licensure

Examination (PNLE) considering the process and systems of the
Commission, which include but not limited to application, test

development, examination, correction and release of results. The use

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b)

°)

d)

of appropriate technology/modalities during the conduct of the PNLE is
encouraged to enhance efficiency while upholding integrity;

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

Enforce and monitor safe and quality standards of 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 optimal health and the
‘common good of the nation;

Ensure quality nursing education by examining and monitoring Higher
Education Institutions (HE!) offering nursing programs and those
seeking permission to open nursing courses to ensure that standards
of nursing education are properly complied with and maintained at all
times, The authority to open and close nursing education programs
offered by HEI, shall be vested on the Commission on Higher
Education, only upon the written recommendation of the Board;
Conduct hearings and investigations to resolve complaints against
active practicing nurses for unethical and unprofessional conduct and
violations of this Act, or its rules and regulations and in connection
therewith, issue subpoena ad testificandum and subpoena duces
tecum to secure the appearance of respondents and witnesses and
the production of documents and punish with contempt persons
obstructing, impeding and/or otherwise interfering with the conduct of

such proceedings, upon application with the court;

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f) Promulgate a Code of Ethics that is responsive to the needs of the
nursing profession, in coordination and consultation with the accredited
professional organization of nurses within one (1) year from the
effectivity of this Act;

g) Institute a mechanism for career progression in nursing for the
continuing professional development of Filipino nurses;

h) Create a council for nursing recognition, accreditation and certification
that will assist the Board of Nursing in:

1) Recognizing organized nursing groups.

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

3) Accrediting specialty and advanced nursing programs based on
established mechanisms.

4) Credentialing individual registered nurses based on accepted
criteria

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

i) Make decisions to influence authorities/agencies on matters that directly
affect nurses’ welfare;

j) Ensure performance of mandated duties and functions with the
provision of operational resources including human resource, physical
space and budget to ensure the confidentiality and sanctity of their
functions as provided through the annual budget of the Professional
Regulation Commission as promulgated in the General Appropriations
Act;

k) Utilize funds designated for nursing development; and

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1) Prescribe, adopt, issue and promulgate guidelines, regulations,
measures and decisions as may be necessary for the improvement of
the nursing practice, advancement of the profession and for the proper
and full enforcement of this Act subject to the review and approval by

the Commission.

Sec. 13. 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 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.

Sec. 14. Removal or Suspension of Board Members. -The president may
remove or suspend any member of the Board after having been given the
opportunity to defend himself/herself in a proper administrative investigation, on
the following grounds:

(a) Continued neglect of duty or incompetence;

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

and

(c) Unprofessional immoral or dishonorable conduct.

ARTICLE V
Examination and Registration
Sec. 15. Philippine Nurse Licensure Examination. -All applicants for

license to practice nursing shall be required to pass a written examination, which

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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 existing PRC Law.

SEC. 5. Section 13 of the same Act is hereby amended to read as follows:

Sec. 16. Qualifications for Admission to the Philippine Nurse Licensure
Examination. — In order to be admitted to the examination for nurses, an applicant,
from the time of his/her graduation must file immediately his/her application and
establish to the satisfaction of the Board that:

a) Helshe is a citizen of the Philippines, or a citizen or subject of a
country which permits Filipino nurses to practice within its territorial
limits on the same basis as the subject or citizen of such country;
Provided, That the requirements for the registration or licensing of
nurses in said country are substantially the same as those prescribed
in this Act;

b) He/she is of good moral character; and

©) He/she is a holder of a Bachelor of Science in Nursing degree from a
college or university that complies with the standards of nursing

education duly recognized by the proper government agency.

SEC. 6. Section 14 of the same Act is hereby amended to read as follows:
Sec. 17. Scope of Examination. - The scope of the examination for the

practice of nursing shall be determined by the Board of Nursing taking into
consideration the core competencies required of beginning registered nurses
considering the objectives of the nursing curriculum in response to the needs of

the society and the demands of industry.

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SEC. 7.

The Philippine Nurse Licensure Examination shall be based on a

competency-based test framework.

Section 15 of the same Act is hereby amended to read as follows:

Sec. 18. Ratings. ~ In order to pass the examination, an examinee must
obtain at least seventy-five percent (75%) of tested areas of competencies. An
examinee shall be given a chance to repeat the PNLE with a maximum of three

(3) examinations.

Sec. 19. Oath. -All successful candidates in the examination shall be
required to take an oath of profession before the Board or any government official

authorized to administer oaths prior to entering upon the nursing practice.

Sec. 20. Issuance of Certificate of Registration/Professional License and
Professional Identification Card. - A certificate of registration/professional license
as a nurse shall be issued to an applicant who passes the examination upon
payment of the prescribed fees. Every certificate of registration/professional
license shall show the full name of the registrant, the serial number, the signature
of the Chairperson of the Commission and of the Members of the Board. The
certificate shall bear the logo of the Board of Nursing and the official seal of the
Commission.

A professional identification card, duly signed by the Chairperson of the
Commission, bearing 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.

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Sec. 21. Fees for Examination and Registration. Applicants for licensure

and for registration shall pay the prescribed fees set by Commission.

Sec. 22. Automatic Registration of Nurses. -All nurses whose names
appear at the roster of nurses shall jpso facto be registered as nurses and as
members of the PRC Accredited Professional Organization (APO) upon the

effectivity of this Act.

Sec. 23. Registration by Reciprocity. -A certificate of
registration/professional license may be issued without examination 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 as those prescribed under this Act; Provided, further, That
the laws of such state or country grant the same privileges to registered nurses of
the Philippines on the same basis as the subjects or citizens of such foreign state

or country.

Sec. 24. Practice Through Special/Temporary Permit. -A
special/temporary permit may be issued to the following persons based on
qualification standards as determined by the Board of Nursing and approved by
the Commission:

(@) Licensed nurses from foreign countries/states whose service 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/states on medical mission

whose services shall be free in a particular hospital, center or clinic;

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487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

511

512

(c) Licensed nurses from foreign countries/states engaged by
colleges/universities offering nursing as exchange professors in a
branch or specialty of nursing; and

(d) Licensed nurses from foreign countries/states who come to aid during

declared disasters and calamities.

Provided, however, that the specialtemporary permit shall be effective

only for the duration of the project, medical mission or engagement contract.

Sec. 25. Non-registration and Non-issuance of Certificates of
Registration/Professional License or Special/Temporary Permit. -No person
convicted by final judgment 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 shall be registered and be 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 Board.

Sec. 26. Revocation and suspension of Certificate of
Registration/Professional License and Cancellation of Special/Temporary Permit.
-The Board shall have the power to revoke or suspend the certificate of
registration/professional license or cancel the special/temporary permit of a nurse
upon any of the following grounds:

(a) For any of the causes mentioned in the preceding section;

(b) For unprofessional and unethical conduct;

(c) For gross incompetence or serious ignorance;

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

514 (e) For the use of fraud, deceit, or false statements in obtaining a
515 certificate of registration/professional license or a temporary/special
516 permit;

517 (f) For violation of this Act, the rules and regulations, Code of Ethics for
518 nurses and technical standards for nursing practice, policies of the
519 Board and the Commission, or the conditions and limitations for the
520 issuance of the temporarily/special permit; or

521 (g) For practicing his/her profession during his/her suspension from such
522 practice;

523 Provided, however, That the suspension of the certificate of
524 registration/professional license shall be for a period not to exceed four (4) years.
525

526 Sec. 27. Re-issuance of Revoked Certificates and Replacement of Lost
527 Certificates, -The Board may, after the expiration of a maximum of four (4) years
528 from the date of revocation of a certificate, for reasons of equity and justice and
529 when the cause for revocation has disappeared or has been cured and corrected,
530 upon proper application therefore and the payment of the required fees, issue
531 another copy of the certificate of registration/professional license.

532 A new certificate of registration/professional license to replace the
533 certificate that has been lost, destroyed or mutilated may be issued, subject to the
534 rules of the Board,

535

536 SEC. 10. Section 30 of the same Act is hereby amended to read as follows:

537

538 ARTICLE VI

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539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

Human Resources for Health (HRH) Production, Utilization and Development

Sec. 28 Studies and Interventions for Nursing Human Resource
Needs, Production, Utilization and Development. — The Board shall in
coordination with relevant nursing and other government and non-government
agencies:
a) conduct studies on health human resource production, utilization and
development
b) implement HRH development strategies for nurses to attain a highly

motivated and productive nursing workforce,

SEC. 11. Section 31 of the same Act is hereby amended to read as follows:

Sec. 29. National nursing career progression program. - There shall be
an institutionalized national nursing career progression program as prescribed in
Article IV, Sec. 12, letter g & h. In the implementation of the national nursing
career progression program, the Board shall coordinate with the Department of

Health and other relevant government and private agencies.

Provided, that any registered nurse, before being allowed to work in
specialty areas to perform beyond generalist function or have specific specialties,
must finish the formal education and training towards specialization, possess
recognized advanced practice competencies and must be certified by the Board
to be an advanced practice nurse and must be a member of a relevant and

accredited nursing specialty organization; Provided further, that nursing specialty

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564

565

566

567

568

569

570

S71

572

5873

574

575

576

577

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579

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588

organizations with advanced practice shall be recognized and certified by the

Board.

SEC. 12. Section 32 of the same Act is hereby amended to read as follows:

Sec. 30. Compensation. — In order to enhance the general welfare,
commitment to service and professionalism of nurses, the minimum base pay of
nurses working in the public and private health and health-related institutions
shall be in accordance with prevailing salary standards set by law for
professionals and shall not be lower than salary grade 15 following the provisions
of the salary standardization law. Provided, further, that advanced practice
nurses in public and private health and health-related institutions shall be entitled
to additional remuneration. Government and non-government financial
institutions shall provide mechanism for reimbursements for specialty and
advanced practice nursing services based on qualifications prescribed by the
Board adhering to the national nursing career progression program. In addition,
nursing professional fees may be exacted directly from the clientele and patients
in the context of the beginning registered nurses and/or advanced practice

nurses.

SEC. 13. Section 33 of the same Act is hereby amended to read as follows:

Sec. 31. Funding for the development of the national nursing career
progression program and training. - The annual financial requirement needed to
implement the national nursing career progression program in the training of
government and private nurses for continual life-long learning shall be sourced

from:

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589

590

591

592

593

594

595

596

597

598

599

600

601

602

603

604

605

606

607

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609

610

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613

614

A. Ten percent (10%) of the annual budget of the Department of Health as
specified under the annual General Appropriations Act; and

B. Ten percent (10%) of the income of the Philippine Charity Sweepstakes
Office and the Philippine Amusement and Games Corporation which shall
be released to the Department of Health subject to accounting and
auditing procedures: Provided, That the Department of Health shall set
the criteria for the availment of this program; and

C. Twenty percent (20%) of the Professional Regulation Commission's

income from the regulation of the nursing profession.

Sec. 32. Incentives and Benefits. - To the extent possible as provided by
law, mechanism shall be established by the Board of Nursing to provide

incentives and benefits for nurses in both government and private sectors.

SEC. 14. Section 35 of the same Act is hereby amended to read as follows:
ARTICLE Vil
Penal and Miscellaneous Provisions

Sec. 33. Prohibitions in the Practice of Nursing. — A fine of not less
than one hundred thousand pesos (P100,000.00) 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 the following classification of offenses:

1) Violations against code of ethics and public morals

2) Violations against professional standards

3) Violations against humanipatient's rights

4) Other offenses

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615

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617
618
619
620
621

622

623

624

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629

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632

633

634

635

636

637

638

639

640

641

ARTICLE VIII
Final Provisions

Sec. 34, Enforcement of this Act. -It shall be the primary duty of the Commission
and the Board to effectively 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, render assistance in enforcing the provisions of
this Act and to prosecute any persons violating the same.

Sec. 35. 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 Act, the funding of which shall be included
in the Annual General Appropriations Act.

Sec. 36. Rules and Regulations. - Within ninety days (90) after the effectivity of
this Act, the Board and the Commission, in coordination with the accredited professional
organization and other nursing professional organizations, the Department of Health, the
Department of Budget and Management and other concerned government agencies,
shall formulate 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

newspaper of general circulation.

Sec. 37. Reparability Clause. -If any part of this Act is declared unconstitutional,
the remaining parts not affected thereby shall continue to be valid and operational.

Sec. 38. Repealing Clause. Republic Act No. 9173, otherwise known as the
“Philippine Nursing Act of 2002" is hereby amended. All other laws, decrees, orders,
circulars, issuances, rules and regulations and parts thereof which are inconsistent with
the amendatory provisions of this Act are hereby repealed, amended or modified
accordingly.

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642

643 Sec. 39. Effectivity. This Act shall take effect fifteen (15) days after its publication
644 in the Official (2) national newspapers of general circulation.

645

646 Approved,

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