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

Sixteenth Congress
First Regular Session

HOUSEBILLNO,__1872 _

Introduced by Honorable Carlos M. Padilla

EXPLANATORY NOTE

This bill was originally filed in the Fifteenth Congress. On February 4, 2013,
it was approved on third reading by the House but was not acted upon by the
Senate. Hence, it is being re-filed in the Sixteenth Congress.

This bill seeks to institute reforms to further protect and develop the nursing
profession, amending for the purpose Republic Act (RA) No. 9173, otherwise
known as the “Philippine Nursing Act of 2002.”

RA 9173 was enacted in 2002 to provide a comprehensive definition and
understanding of the nursing profession. It delineates the scope of work of
registered Filipino nurses, establishes linkages with community resources and
requires the updating of professional knowledge in the nursing field, patient care,
levels of nursing practice and development of nursing education. This is in
recognition of the vital role nurses play in the delivery of quality health services
not only in the country, but all over the world.

Since the enactment of RA 9173 almost a decade ago, significant factors
itical to the development of nursing practice in the country have emerged. This
includes providing humane and globally competent nursing care, ensuring positive
practice environment for nurses, strengthening the Philippine nursing profession as
a recognized leader in primary health care, enforcing quality standards in nursing
education and practice, and providing guidelines toward nursing career
progression.



RA 9173 must be amended to achieve the vision of the Philippine
professional nursing care to be the best for the Filipino and the choice of the world
by 2030. Such amendments provide restructuring of the scope and practice of
nursing to include certification, specialization and educational requirements,
expanding the powers of the Board of Nursing to strengthen its role in decision-
making processes concerning the nursing practice, providing additional educational
requirements for different levels of nursing practice to ensure competitiveness and
further strengthen the nursing profession and provide a better practice
environment.

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

(A, LA

LOS M. PADILLA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

1372

HOUSE BILL NO.

Introduced by Honorable Carlos M. Padilla

AN ACT INSTITUTING REFORMS70 FURTHER PROTECT AND DEVELOP THE
NURSING PROFESSION, REPEALING 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:

ARTICLE |
TITLE

SECTION 1. Short Title. - This Act shall be known as the “Philippine Nursing
Practice Reform Act of 2013”.

ARTICLE I
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 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 weliness and well-being.


ARTICLE II
SCOPE OF NURSING

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 singly or in collaboration with another, the
person 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 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 measure, 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, attending to normal
delivery and suturing of perineal laceration;

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

(c) Collaborative with community resources and coordinate with the members
of the health team in any health care setting:

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

(e) 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

(f) Undertake nursing and health human resource development training and
research, which shall include, but not limited to, the development of advanced nursing
practice.


This section shall not apply to nursing students who perform nursing functions under
the direct supervision of a qualified faculty.

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, 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 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;

(2) Registered nurse with current certificate of registration;

(3) Must be physically, mentally and psychologically fit to practice nursing;
(4) Must not be convicted of any crime involving moral turpitude; and

(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 base on evidence from research. Advanced
practice of nursing require 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 and technology/therapies. This practice included 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 protocol as approved by the Board of Nursing and
recommended by the specialty certification council;

(3) Must be a member of the APO and the corresponding specialty organization; and

(4) Must have at least three (3) years of experience and demonstrate requisite
competencies.

(C) Nursing Service Manager. — Nursing service manager is a practitioner occupying
supervisory or managerial positions requiring leadership and knowledge of nursing
management;

(1) The first level manager is responsible directly for 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 all nursing units in terms of financial and
human resources for health such as nurses and nursing assistants/adjuncts.

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 work and two (2) years of management experience;

(c) For top level managerial position in nursing, 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

(d) Must be a member of good standing of the APO and relevant nursing
organizations.

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.

(D)Nurse-Patient Ratio — The government and private hospitals are hereby mandate
to maintain the standard nurse-patient ration set by the Department of Health (DOH);

(1) In hospitals based on acuity and authorized bed capacity (ABC);

(2) In the community based on need, population and geography;

(3) In occupational or school settings based on relevant legal instruments (AO, EO,
RA);


(E) Prohibition on the Acceptance of Volunteer Nurses. — All medical institutions both
government and private are ere3by prohibited from accepting volunteer nurses.

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 the Commission on Higher Education (CHED).

(A) Basic Nursing Education Program. — The basic nursing education program is a
competency — based curriculum which will provide sound liberal and professional
education to implement the necessary safe quality nursing practice.

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

A registered nurse may move up to the next levels of career of progression and
tracks according to demonstrated competencies, education and clinical experience.

The curriculum and the related learning experiences shall adhere strictly to specific
requirements according to the policies, standards and guidelines of the CHED in
consultation with the Board of Nursing and the Association of Deans of Philippine
Colleges of Nursing.

(B)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
and knowledge and practice.

Graduate and post-graduate nursing programs shall be offered only in schools with
level three (3) accredited basic nursing programs 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 valid certificate of
registration and a valid professional identification card:

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

(c) Be a member of good standing in the APO 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 or university duly recognized by the
Government of the Philippines;

(e) Present a certificate of teacher training program for nursing education prior to
employment; and


(f Present a certificate of clinical skills competency enhancement from an
accredited nursing organization;

(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 or university duly recognized by the Government of the
Philippines.

(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 a valid certificate of
registration and a valid professional identification card;

(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 master’s and doctoral program conferred by
a duly recognized higher education institution by the CHED.

(5) Undergo progressive training for deans according to the protocol approved by the
Board of Nursing in consultation with the Association of Deans of Philippine Colleges of
Nursing.

(E) Faculty-Student Ratio. — The ratio of faculty to student is based on the CHED
Memorandum Order (CMO), policies and standards for Bachelor of Science in Nursing
(BSN) program.

ARTICLE IV
ORGANIZATION OF THE BOARD OF NURSING

Sec. 5. 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
Philippines from among three (3) recommendees, per vacancy, of the Professional
Regulation Commission, hereinafter referred to as the Commission, chosen and ranked
from a list of five (5) nominees, per vacancy, of the APO of nurses in the Philippines
who possess the qualifications prescribed in Section 5 of this Act.

Sec. 6. 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 a natural born citizen and resident of the Philippines for at least last five (5)
years;
(b) Be a member of good standing of the APO of nurses;


(c) Be a registered nurse of the Philippines and a holder of a current valid certificate
of registration;

(d) Be a holder of a post-graduate degree in nursing and preferably with a doctorate
degree conferred by an accredited university;

(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.

The membership of the Board shall represent the three (3) areas of nursing, namely:
nursing education, nursing service and community health nursing.

Sec. 7 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 position in any school, college, university or institution offering Bachelor of
Science in nursing including review classes.

Sec. 8 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
reappointed 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 duties.

The incumbent Chairperson and members of the Board shall continue to serve
for the remainder of their term under Republic Act No. 9173 or the “Philippine Nursing
Act of 2002” until their replacements have been appointed by the President and shall
have been duly qualified.

Sec. 9. Compensation of the Board of 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's regulatory boards.

Sec. 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 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. 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:

(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 appropriate technology/modalities during the conduct of the PNLE are
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 election and written media;

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

(d) Ensure the quality nursing education by examining and monitoring higher
education institutions (HEIs) 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 CHED, only upon the written
recommendation of the Board;

(e) 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 fecum to secure the appearance of respondents and witnesses
and the production of documents and punish with contempt person obstructing,
impeding and/or otherwise interfering with conduct of such proceedings, upon
application with the court;

(f) Promulgate a Code of Ethics that is responsive to the needs of the nursing
profession, in coordination and consultation with the APO 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 nurse based on accepted criteria; and

(8) 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;

() Ensure performance of mandate 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 (PRC) as promulgated in the General
Appropriations Act;

(k) Utilize funds designated for nursing development; and

()) 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. 12. Annual Report. - The Board shall, at the close of its calendar year,
submit an annual report to the President of the Philippines through the Co9mmission
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. 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;
(b) Commission or toleration of irregularities in the licensure examination; and
(c) Unprofessional, immoral or dishonorable conduct.

ARTICLE V
EXAMINATION AND REGISTRATION

Sec. 14. Philippine Nurse Licensure Examination (PNLE). — All applicants for
certificate of registration to practice nursing shall be required to pass a written
examination, which shall be given by the Board in such places and dates as may be
designated by the Commission: Provided, That it shalll in accordance with existing PRC
Law.

Sec. 15. Qualifications for Admission to the PNLE. — In order to be admitted to
the examination for nurses, an applicant, form the time of graduation, must file
immediately an application and establish to the satisfaction of the Board that the
applicant is:

(a) 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 base as the subject of


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) Of good moral character; and

(c) A holder of a Bachelor of Science in Nursing degree form a college or university
that complies with the standards of nursing education duly recognized by the proper
government agency.

Sec. 16. 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.

The PNLE shall be on a competency-based test framework.

Sec. 17. 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 there (3) examinations.

Sec. 18. 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. 19. Issuance of Certificate of Registration/Professional License and
Professional Identification Card. — A cettificate of registration/professional license as a
nurse shall be issued to an application that passes the examination and 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 member 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, number and the date of issuance and
expiration thereof shalll likewise be issued to every registrant upon payment of the
required fees.

Sec. 20. Fees for Examination and Registration. — Applicants for licensure and
for registration shall pay the prescribed fees set by Commission.

Sec. 21. Automatic Registration of Nurses. — All nurses whose names appear at
the roster of nurses shall ipso facto be registered as nurses as member of the PRC-
APO upon effectivity of this Act.

Sec. 22. 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 base as the subjects or citizens of
such foreign state or country.

Sec. 23. Practice Through Specia/Temporary Permit. - A special/temporary
permit may be issued to the following person based on qualification standards as
determined by the Board of Nursing and approved by the Commission. The
special/temporary permit shalll be effective only of r the duration of the project, medical
mission or engagement contract;

(a) Licensed nurses from foreign countries/states whose service are either for a fee
or free if they 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;

(c) Licensed nurses from foreign counties/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.

Sec. 24. Nonregistration 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. 25 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 ay of the following grounds:

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

(b) For unprofessional and unethical conduct;

(©) For gross incompetence or serious ignorance;

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

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


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

(g) For practicing the profession during one’s suspension form such practice.

The suspension of the certificate of registration/professional license shall be for a
period not to exceed four (4) years.

Sec. 26. Re-issuance of Revoked Certificates and Replacement of Lost
Certificates. - The Board may, after the expiration of a maximum of four (4) years from
the date of revocation of a certificate, for reason of equity and justice and when the
cause for revocation has disappeared or has been cured and corrected, upon proper
application therefore and the payment of the required fees, issue another copy of the
certificate of registration/professional license.

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

ARTICLE VI
HUMAN RESOURCES FOR HEALTH (HRH)
PRODUCTION, UTILIZATION AND DEVELOPMENT

Sec. 27. Studies and Interventions for Nursing Human Resource Needs,
Production, Utilization and Development. — The Board shall, in coordination with
relevant nursing and other government and nongovernment agencies;

(a) Conduct studies on health human resource production, utilization and
development; and

(b) Implement HRH development strategies for nurses to attain a highly motivated
and productive nursing workforce.

Sec. 28. National Nursing Career Progression Program. - There shall be an
institutionalized national nursing career progression program as prescribed in Article IV,
Section 11 (g) and (h) of this Act. In the implementation of the national nursing career
progression program, the Board shall coordinate with the DOH 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 nusing specialty
organizations with advanced practice shall be recognized and certified by the Board.


Sec. 29. 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.

Sec. 30. 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. 31. Requirement for inactive Nurses Retuming 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) There is non-renewal of certificate of registration for five (5) years; and

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

Inactive nurses are required to undergo one (1) month didactic training and three (3)
months practicum. Only the Board shall accredit hospitals and health care agencies to
conduct the said training program.

ARTICLE VII
PENAL AND MISCELLANEOUS PROVISIONS.

Sec. 32. Prohibited Acts in the Practice of Nursing. — A fine or 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:

(a) Violations against the Code of Ethics and public morals;
(b) Violations against professional standards;

(c) Violations against human/patient's rights; and

(d) Other offenses.

ARTICLE Vill
FINAL PROVISIONS

Sec. 33. Enforcement of this Act. — It shall be the primary duty of the Commission
and the Board to effectively implement this Act. 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. 34. Appropriations. — The Chairperson of the PRC 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. 35. Implementing Rules and Regulations. - Within ninety (90) days after
effectivity of this Act, the Board and the Commission, in coordination with the APO and
other nursing professional organizations, the DOH, the Department of Budget and
Management and other concemed 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 a
newspaper of general circulation.

Sec. 36. Separability Clause. — If any part of this Act is declared unconstitutional,
the remaining parts not affected thereby shall continue to be valid and operational.

Sec. 37. Repealing Clause. — Republic Act No. 9173, otherwise known as the
Philippine Nursing Act of 2002” is hereby repealed. 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.

Sec. 38. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) National newspaper of general
circulation.

Approved.