Bill Rights

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REPUBLIC ACT – an act passed by the Congress of the Philippines, while the form of government is Republican government. Republic Act 349 – Legalizes the use of human organs for surgical, medical and scientific purposes. Republic Act 1054 – Requires the owner, lessee or operator of any commercial, industrial or agricultural establishment to furnish free emergency, medical and dental assistance to his employees and laborers. Republic Act 1080 – Civil Service Eligibility Republic Act 1082 – Rural Health Unit Act Republic Act 1136 – Act recognizing the Division of Tuberculosis in the DOH Republic Act 1612 – Privilege Tax/Professional tax/omnibus tax should be paid January 31 of each year Republic Act 1891 – Act strengthening Health and Dental services in the rural areas Republic Act 2382 – Philippine Medical Act which regulates the practice of medicines in the Philippines Republic Act 2644 – Philippine Midwifery Act Republic Act 3573 – Law on reporting of Communicable Diseases Republic Act 4073 – Liberalized treatment of Leprosy Republic Act 4226 – Hospital Licensure Act requires all hospital to be licensed before it can operative Republic Act 5181 – Act prescribing permanent residence and reciprocity as qualifications for any examination or registration for the practice of any profession in the Philippines Republic Act 5821 – The Pharmacy Act Republic Act 5901 – 40 hours work for hospital workers Republic Act 6111 – Medicare Act Republic Act 6365 – Established a National Policy on Population and created the Commission on population Republic Act 6425 – Dangerous Drug Act of 1992 Republic Act 6511 – Act to standardize the examination and registration fees charged by the National Boards, and for other purposes. Republic Act 6675 – Generics Act of 1988 Republic Act 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees

Transcript of Bill Rights

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REPUBLIC ACT – an act passed by the Congress of the Philippines, while the form of

government is Republican government.

Republic Act 349 – Legalizes the use of human organs for surgical, medical and scientific

purposes.

Republic Act 1054 – Requires the owner, lessee or operator of any commercial, industrial or

agricultural establishment to furnish free emergency, medical and dental assistance to his

employees and laborers.

Republic Act 1080 – Civil Service Eligibility

Republic Act 1082 – Rural Health Unit Act

Republic Act 1136 – Act recognizing the Division of Tuberculosis in the DOH

Republic Act 1612 – Privilege Tax/Professional tax/omnibus tax should be paid January 31 of

each year

Republic Act 1891 – Act strengthening Health and Dental services in the rural areas

Republic Act 2382 – Philippine Medical Act which regulates the practice of medicines in the

Philippines

Republic Act 2644 – Philippine Midwifery Act

Republic Act 3573 – Law on reporting of Communicable Diseases

Republic Act 4073 – Liberalized treatment of Leprosy

Republic Act 4226 – Hospital Licensure Act requires all hospital to be licensed before it can

operative

Republic Act 5181 – Act prescribing permanent residence and reciprocity as qualifications for

any examination or registration for the practice of any profession in the Philippines

Republic Act 5821 – The Pharmacy Act

Republic Act 5901 – 40 hours work for hospital workers

Republic Act 6111 – Medicare Act

Republic Act 6365 – Established a National Policy on Population and created the Commission

on population

Republic Act 6425 – Dangerous Drug Act of 1992

Republic Act 6511 – Act to standardize the examination and registration fees charged by the

National Boards, and for other purposes.

Republic Act 6675 – Generics Act of 1988

Republic Act 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees

Republic Act 6725 – Act strengthening the prohibition on discrimination against women with

respect to terms and condition of employment

Republic Act 6727 – Wage Rationalization Act

Republic Act 6758 – Standardized the salaries

Republic Act 6809 – Majority age is 18 years old

Republic Act 6972 – Day care center in every Barangay

Republic Act 7160 – Local Government Code

Republic Act 7164 – Philippine Nursing Act of 1991

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Republic Act 7170 – Law that govern organ donation

Republic Act 7192 – Women in development nation building

Republic Act 7277 – Magna Carta of Disabled Persons

Republic Act 7305 – The Magna Carta of public Health Workers

Republic Act 7392 – Philippine Midwifery Act of 1992

Republic Act 7432 – Senior Citizen Act

Republic Act 7600 – Rooming In and Breastfeeding Act of 1992

Republic Act 7610 – Special protection of children against abuse, exploitation and

discrimination act

Republic Act 7624 – Drug Education Law

Republic Act 7641 – New Retirement Law

Republic Act 7658 – An act prohibiting the employment of children below 15 years of age

Republic Act 7719 – National Blood Service Act of 1994

Republic Act 7875 – National Health Insurance Act of 1995

Republic Act 7876 – Senior Citizen Center of every Barangay

Republic Act 7877 – Anti-sexual harassment Act of 1995

Republic Act 7883 – Barangay Health workers Benefits and Incentives Act of 1992

Republic Act 8042 – Migrant Workers and Overseas Filipino Act of 1995

Republic Act 8172 – Asin Law

Republic Act 8187 – Paternity Leave Act of 1995

Republic Act 8203 – Special Law on Counterfeit Drugs

Republic Act 8282 – Social Security Law of 1997 (amended RA 1161)

Republic Act 8291 – Government Service Insurance System Act of 1997 (amended PD 1146)

Republic Act 8344 – Hospital Doctors to treat emergency cases referred for treatment

Republic Act 8423 – Philippine Institute of Traditional and Alternative Medicine

Republic Act 8424 – Personal tax Exemption

Republic Act 8749 – The Philippine Clean Air Act of 1999

Republic Act 8981 – PRC Modernization Act of 2000

Republic Act 9165 – Comprehensive Dangerous Drugs Act 2002

Republic Act 9173 – Philippine Nursing Act of 2002

Republic Act 9288 – Newborn Screening Act

PRESIDENTIAL DECREE – An order of the President. This power of the President which

allows him/her to act as legislators was exercised during the Marshall Law period.

Presidential Decree 46 – An act making it punishable for any public officials or employee,

whether of the national or local government, to receive directly or indirectly any gifts or valuable

things

Presidential Decree 48 – Limits benefits of paid maternity leave privileges to four children

Presidential Decree 69 – Limits the number of children to four (4) tax exemption purposes

Presidential Decree 79 – Population Commission

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Presidential Decree 147 – Declares April and May as National Immunization Day

Presidential Decree 148 – Regulation on Woman and Child Labor Law

Presidential Decree 166 – Strengthened Family Planning program by promoting participation of

private sector in the formulation and implementation of program planning policies.

Presidential Decree 169 – Requiring Attending Physician and/or persons treating injuries

resulting from any form of violence.

Presidential Decree 223 – Professional Regulation Commission

Presidential Decree 442 – Labor Code Promotes and protects employees self-organization and

collective bargaining rights. Provision for a 10% right differential pay for hospital workers.

Presidential Decree 491 – Nutrition Program

Presidential Decree 539 – Declaring last week of October every as Nurse’s Week. October 17,

1958

Presidential Decree 541 – Allowing former Filipino professionals to practice their respective

professions in the Philippines so they can provide the latent and expertise urgently needed by the

homeland

Presidential Decree 568 – Role of Public Health midwives has been expanded after the

implementation of the Restructed Health Care Delivery System (RHCDS)

Presidential Decree 603 – Child and Youth Welfare Act / Provision on Child Adoption

Presidential Decree 626 – Employee Compensation and State Insurance Fund. Provide benefits

to person covered by SSS and GSIS for immediate injury, illness and disability.

Presidential Decree 651 – All births and deaths must be registered 30 days after delivery.

Presidential Decree 825 – Providing penalty for improper disposal garbage and other forms of

uncleanliness and for other purposes.

Presidential Decree 851 – 13th Month pay

Presidential Decree 856 – Code of Sanitation

Presidential Decree 965 – Requiring applicants for Marriage License to receive instruction on

family planning and responsible parenthood.

Presidential Decree 996 – Provides for compulsory basic immunization for children and infants

below 8 years of age.

Presidential Decree 1083 – Muslim Holidays

Presidential Decree 1359 – A law allowing applicants for Philippine citizenship to take Board

Examination pending their naturalization.

Presidential Decree 1519 – Gives medicare benefits to all government employees regardless of

status of appointment.

Presidential Decree 1636 – requires compulsory membership in the SSS and self-employed

Presidential Decree 4226 – Hospital Licensure Act

PROCLAMATION – an official declaration by the Chief Executive / Office of the President of

the Philippines on certain programs / projects / situation

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Proclamation No.6 – UN’s goal of Universal Child Immunization; involved NGO’s in the

immunization program

Proclamation No. 118 – Professional regulation Week is June 16 to 22

Proclamation No. 499 – National AIDS Awareness Day

Proclamation No. 539 – Nurse’s Week – Every third week of October

Proclamation No. 1275 – Declaring the third week of October every year as “Midwifery Week”

LETTER OF INSTRUCTION – An order issued by the President to serve as a guide to

his/her previous decree or order.

LOI 47 – Directs all school of medicine, nursing, midwifery and allied medical professions and

social work to prepare, plan and implement integration of family planning in their curriculum to

require their graduate to take the licensing examination.

LOI 949 – Act on health and health related activities must be integrated with other activities of

the overall national development program. Primary Health Care (10-19-79)

LOI 1000 – Government agencies should be given preference to members of the accredited

professional organization when hiring

EXECUTIVE ORDER – an order issued by the executive branch of the government in

order to implement a constructional mandate or a statutory provision.

Executive Order 51 – The Milk Code

Executive Order 174 – National Drug Policy on Availability, Affordability, Safe, Effective and

Good Quality drugs to all

Executive Order 180 – Government Workers Collective Bargaining Rights Guidelines on the

right to Organize of government employee.

Executive Order 203 – List of regular holidays and special holidays

Executive Order 209 – The Family Code (amended by RA 6809)

Executive Order 226 – Command responsibility

Executive Order 503 – Provides for the rules and regulations implementing the transfer of

personnel, assets, liabilities and records of national agencies whose functions are to be devoted to

the local government units.

Executive Order 857 – Compulsory Dollar Remittance Law

Administrative Order 114 – Revised/updated the roles and functions of the Municipal

Health Officers, Public Health Nurses and Rural Midwives

ILO Convention 149 – Provides the improvement of life and work conditions of nursing

personnel.

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Republic Act No. 9173             October 21, 2002

AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN

AS "THE PHILIPPINE NURSING ACT OF 1991" AND FOR OTHER PURPOSES

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

ARTICLE I

Title

Section 1. Title. - This Act shall be known as the "Philippine Nursing Act of 2002."

ARTICLE II

Declaration of Policy

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to assume responsibility for the protection and improvement of the nursing profession by instituting measures that will result in relevant nursing education, humane working conditions, better career prospects and a dignified existence for our nurses.

The State hereby guarantees the delivery of quality basic health services through an adequate nursing personnel system throughout the country.

ARTICLE III

Organization of the Board of Nursing

Section 3. 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 Section 4 of this Act.

Section 4. 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;

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

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

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

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(e) Not have been convicted of any offense involving moral turpitude; Provided, That the membership to the Board shall represent the three (3) areas of nursing, namely: nursing education, nursing service and community health nursing.

Section 5. 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.

Section 6. 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.

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

Section 7. 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.

Section 8. 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.

Section 9. 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) Conduct the licensure examination for nurses;

(b) Issue, suspend or revoke certificates of registration for the practice of nursing;

(c) Monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical and technical, moral and professional standards in the practice of nursing taking into account the health needs of the nation;

(d) Ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open nursing courses to ensure that standards of nursing education are properly complied with and maintained at all times. The authority to open and close colleges of nursing and/or nursing education programs shall be vested on the Commission on Higher Education upon the written recommendation of the Board;

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(e) Conduct hearings and investigations to resolve complaints against nurse practitioners 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 interfeming with the conduct of such proceedings, upon application with the court;

(f) Promulgate a Code of Ethics in coordination and consultation with the accredited professional organization of nurses within one (1) year from the effectivity of this Act;

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

(h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvements 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.

Section 10. 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.

Section 11. 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 IV

Examination and Registration

Section 12. Licensure Examination. - All applicants for license 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 shall be in accordance with Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000."

Section 13. Qualifications for Admission to the Licensure Examination. - In order to be admitted to the examination for nurses, an applicant must, at the time of filing his/her application, establish to the satisfaction of the Board that:

(a) He/she 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

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

Section 14. Scope of Examination. - The scope of the examination for the practice of nursing in the Philippines shall be determined by the Board. The Board shall take into consideration the objectives of the nursing curriculum, the broad areas of nursing, and other related disciplines and competencies in determining the subjects of examinations.

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

Section 16. 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.

Section 17. 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, 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.

Section 18. Fees for Examination and Registration. - Applicants for licensure and for registration shall pay the prescribed fees set by Commission.

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

Section 20. 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.

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

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

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(c) Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing;

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

Section 22. 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.

Section 23. 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;

(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, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit; or

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

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

Section 24. 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 reasons of equity and justice and when the cause for revocation has disappeared or has been cured and corrected, upon proper application therefor and the payment of the required fees, issue another copy of the certificate of registration/professional license.

A new 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 V

Nursing Education

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

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

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

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

(a) Be a registered nurse in the Philippines;

(b) Have at least one (1) year of clinical practice in a field of specialization;

(c) Be a member of good standing in the accredited professional organization of nurses; and

(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 Republic of the Philippines.

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

ARTICLE VI

Nursing Practice

Section 28. Scope of Nursing. - A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families 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. As independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness. A members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of the nurse to:

(a) Provide nursing care through the utilization of the nursing process. 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. In case of suturing of perineal laceration, special training shall be provided according to protocol established;

(b) establish linkages with community resources and coordination with the health team;

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

(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 advance nursing practice;

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 duty-bound to observe the Code of Ethics for nurses and uphold the standards of safe nursing practice. The nurse is required to maintain competence by continual learning through continuing professional education to be provided by the accredited professional organization or any recognized professional nursing organization: Provided, finally, That the program and activity for the continuing professional education shall be submitted to and approved by the Board.

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

(a) Be a registered nurse in the Philippines;

(b) Have at least two (2) years experience in general nursing service administration;

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

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

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

(1) At least five (5) years of experience in a supervisory or managerial position in nursing; and

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

Provided, further, That for primary hospitals, the maximum academic qualifications and experiences for a chief nurse shall be as specified in subsections (a), (b), and (c) of this section: Provided, furthermore, That for chief nurses in the public health nursing shall be given priority. Provided, even further, That for chief nurses in military hospitals, priority shall be given to those who have finished a master's degree in nursing and the completion of the General Staff Course (GSC): Provided, finally, That those occupying such positions before the effectivity of this Act shall be given a period of five (5) years within which to qualify.

ARTICLE VII

Health Human Resources Production, Utilization and Development

Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Development. - The Board, in coordination with the accredited professional organization and appropriate government or private agencies shall initiate undertake and conduct studies on health human resources production, utilization and development.

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

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The beneficiaries of this program are obliged to serve in any Philippine hospital for a period of at least two (2) years and continuous service.

Section 32. Salary. - In order to enhance the general welfare, commitment to service and professionalism of nurses the minimum base pay of nurses working in the public health institutions shall not be lower than salary grade 15 prescribes under Republic Act No. 6758, otherwise known as the "Compensation and Classification Act of 1989": Provided, That for nurses working in local government units, adjustments to their salaries shall be in accordance with Section 10 of the said law.

Section 33. Funding for the Comprehensive Nursing Specialty Program. - The annual financial requirement needed to train at least ten percent (10%) of the nursing staff of the participating government hospital shall be chargeable against the income of the Philippine Charity Sweepstakes Office and the Philippine Amusement and Gaming Corporation, which shall equally share in the costs and 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.

Section 34. Incentives and Benefits. - The Board of Nursing, in coordination with the Department of Health and other concerned government agencies, association of hospitals and the accredited professional organization shall establish an incentive and benefit system in the form of free hospital care for nurses and their dependents, scholarship grants and other non-cash benefits. The government and private hospitals are hereby mandated to maintain the standard nurse-patient ratio set by the Department of Health.

ARTICLE VIII

Penal and Miscellaneous Provisions

Section 35. Prohibitions in the Practice of Nursing. - A fine of not less than Fifty thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00) 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:

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

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

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

(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/temporary permits; or

(4) who gives any false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit; or

(5) who falsely poses or advertises as a registered and licensed nurse or uses any other means that tend to convey the impression that he/she is a registered and licensed nurse; or

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

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

(b) any person or the chief executive officer of a judicial entity who undertakes in-service educational programs or who conducts review classes for both local and foreign examination without permit/clearance from the Board and the Commission; or

(c) any person or employer of nurses who violate the minimum base pay of nurses and the incentives and benefits that should be accorded them as specified in Sections 32 and 34; or

(d) any person or the chief executive officer of a juridical entity violating any provision of this Act and its rules and regulations.

ARTICLE IX

Final Provisions

Section 36. 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.

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

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

Section 39. Reparability Clause. - If any part of this Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational.

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

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

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REPUBLIC ACT NO. 877 - AN ACT TO REGULATE THE PRACTICE OF NURSING IN THE PHILIPPINES, AND FOR OTHER PURPOSES

ARTICLE ITitle of Act

Section 1.    Title of Act. — This Act shall be known as the "Philippine Nursing Law."

ARTICLE IIOrganization of the Board of Examiners of Nurses

Section 2.    Name and compensation of the Board. — The Board shall be known as the Board of Examiners for Nurses and shall be composed of a chairman and two members who shall be appointed by the President of the Philippines upon the recommendation of the Commissioner of Civil Service from among registered nurses of recognized standing in the Philippines as may be certified by the officially recognized national association of nurses in the Philippines and possessing the qualifications prescribed in section four of this Act.

Section 3.    Powers and duties of the Board. — The Board of Examiners for Nurses is vested with authority conformably with the provisions of this Act, to issue, suspend, revoke, or reissue certificates of registration for practice of nursing. The Board shall study the conditions affecting nursing education and the practice of the nursing profession in the Philippines, and shall exercise the powers conferred upon it by this Act with a view to the maintenance of an efficient ethical, technical, moral and professional standard in the practice of nursing. The Board shall likewise study and examine the facilities of hospitals or universities seeking permission to open new schools or colleges of nursing or departments of nursing education so as to see if the essential requirements therefor including qualified faculty and adequate budget are properly complied with. The authorization to open schools or colleges of nursing shall be based upon the written recommendation of the Board and the representative of the Government entity concerned with the granting of school permits or authorization.

The Board shall have the power to investigate violations of this Act and for this purpose, it may, under the hand of its chairman and seal of the Board, issue summons, subpoena or subpoena duces tecum to violators of this Act and witnesses thereof, and to compel their attendance. The Board shall from time to time look into the conditions affecting the practice of nursing in the Philippines and whenever necessary, recommend or adopt such measures as may be deemed proper for the advancement of the profession and for the vigorous enforcement of this Act.

Section 4.    Qualifications of Board members. — The members of the Board shall, at the time of appointment:

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

(b)    Be a registered nurse and a holder of the degree of Bachelor of Nursing, Bachelor of Science in Nursing or its equivalent, conferred by a reputable and legally constituted school, college or university, with either nursing education or public health nursing as major study;

(c)    Be at least thirty years of age; 

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(d)    Have had at least ten years of successful practice of the profession prior to appointment; 

(e)    Not be a member of the faculty of any school, college or university during one year immediately preceding appointment as member of the Board of Examiners where undergraduate nursing is taught, nor have, directly or indirectly, any pecuniary interest in such institution.

Section 5.    Term of office. — The members of the Board shall hold office for a term of three years or until their successors shall have been appointed and duly qualified; Provided, That the members of the first Board appointed under this Act shall hold office for the following terms: One member for one year, one member for two years, and one member for three years. Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only. Each member of the Board shall qualify by taking the proper oath of office prior to entering upon the performance of his or her duties.

Section 6.    Executive officer and secretary of the Board. — The Commissioner of Civil Service shall be the Executive Officer of the Board. The Secretary of the Boards of Examiners appointed under Republic Act Numbered Five hundred forty-six shall also be the Secretary of the Board of Examiners for Nurses. All records and minutes of the deliberations of the Board, including examination papers, shall be kept by the Bureau of Civil Service under the direct custody of the secretary.

Section 7.    Compensation of the Board members. — The members of the Board shall each receive as compensation a fee not exceeding ten pesos per capita of the candidates examined.

Section 8.    Removal of Board members. —The President of the Philippines may, upon the recommendation of the Commissioner of Civil Service, remove any member of the Board for continued neglect of duty or incompetency, for commission or toleration of irregularities in the examination, or for unprofessional or dishonorable conduct, after having given the member concerned an opportunity to defend herself or himself in a proper administrative investigation.

Section 9.    Rules and regulations. — The Board may, subject to the approval of the President of the Philippines, promulgate such rules and regulations as may be necessary to carry out the provisions of this Act.

Section 10.    Annual report. — The Board shall submit an annual report to the President of the Philippines after the close of each fiscal year, giving a detailed account of the proceedings of the Board during the year and embodying such recommendations as the Board may desire to make.

ARTICLE IIIProvisions Regarding Nursing Schools and Colleges

Section 11.    Purpose of school or college of nursing. — Schools and colleges of nursing should be established for the preparation of qualified applicants for the profession of nursing, and should be operated as educational institutions.

Section 12.    Budget and facilities. — Provisions should be made for adequate budget for the school or college of nursing and for adequate library, classrooms, and teaching equipment and supplies.

Section 13.    Clinical and public health nursing facilities. — No hospital, college or university shall be permitted to operate a school or college of nursing unless provision is made by such hospital or university for at least one hundred beds to be available at all times for occupation by medical (including communicable), surgical, obstetric and pediatric patients. Provisions for student's experience in the field of public health nursing

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should likewise be made with community health agencies. 

Colleges or universities offering courses to nurses-graduates of the three-year hospital course should also make necessary provisions for additional experience of students either in hospitals or in public health nursing depending on their major study.

Section 14.    Qualifications of faculty members. — The director of the school or the dean of the college of nursing should be a qualified nurse with the following minimum qualifications;

(a)    Must be a holder of a bachelor's degree in nursing and a nursing education major; 

(b)    Must have had at least three years of acceptable experience in teaching and supervision in schools or colleges of nursing; 

(c)    Must be a registered nurse; and 

(d)    Must be a Filipino citizen.

The instructors in nursing arts and in clinical nursing courses should be registered nurses with the following minimum qualifications:

(a)    Must be holders of the bachelor's degree in nursing;

(b)    Must have majored in the particular subject or subjects which they teach;

(c)    Must have had at least a year of acceptable experience as head nurses in a hospital.

The instructor in public health nursing should be a nurse with the following minimum qualifications:

(a)    Must be a holder of a bachelor's degree in nursing, and a major in public health nursing; 

(b)    Must have had at least six months of acceptable experience in generalized public health nursing; and 

(c)    Must be a registered nurse. 

Section 15.    General entrance requirements to schools and colleges of nursing. — Applicants desiring to enter any hospital school of nursing must show evidence of completion of at least one year of college work in recognized educational institution. Courses studied should include: Chemistry, Zoology, English, Spanish, Psychology, Social Science and Sociology. Provided, however, That the foregoing provision should not be so construed as to prejudice the setting up of additional requirements by individual schools and colleges of nursing or preclude the offering of said courses in four years integrated programs in colleges of nursing.  

ARTICLE IVExamination and registration of nurses

Section 16.    Inhibition against practice of nursing. — Unless exempt from registration, no person shall practice or offer to practice nursing in the Philippines as defined in this Act, without holding a valid certificate of registration as nurse issued by the Board of Examiners for Nurses: Provided, however, That for the protection of life and the promotion of health, or for the prevention of illness and any communicable disease,

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any person practicing or offering to practice professional nursing in the Philippines must submit evidence that he or she is qualified so to practice, and shall be licensed as hereinafter provided.

Section 17.    Scope of practice of nursing. — A person shall be deemed to be practicing professional nursing, within the meaning and intent of this Act, who shall, for a fee, salary, or other reward, or compensation perform professional services requiring an understanding of the principles and application of procedures and techniques of nursing based on biological, physical and social sciences, including the undertaking of responsible supervision of a patient requiring skill in observation of symptoms and reaction, causes and effects and engaging as nursing instructor in schools and colleges of nursing: Provided, however, That this provision shall not apply to students in schools and colleges of nursing who perform nursing services under supervision of their instructors and professors of nursing and to exchange professors of nursing.

Section 18.    Holding of examination. — Examination for candidates desiring to practice nursing in the Philippines shall be given by the Board on the last Monday of April and October of each year in Manila or at such other place as may be deemed necessary and expedient by the Board subject to the approval of the Commissioner of Civil Service and the President of the Philippines.

Section 19.    Examination required. — Except as otherwise permitted under the provisions of this Act, all applicants for registration for the practice of nursing shall be required to undergo an examination as provided for in this Act.

Section 20.    Qualifications of applicants. — In order to be admitted to the nurse examination, an applicant must, at the time of filing his or her application therefor, establish to the satisfaction of the Board that:

(a)    He or she is a citizen of the Philippines, or a foreigner: Provided, That the country of which he or she is a subject or citizen permits Filipino nurses to practice within its territorial limits on the same basis as the subject or citizen of such country and, Provided, further, That the requirements for admission to nursing school and for graduation as nurse in said country are substantially the same as those provided under this Act;

(b)    He or she is at least twenty-one years of age;

(c)    He or she is in good health and is of good moral character;

(d)    He or she had finished a standard academic high school course or its equivalent in a school, institute, college or university legally established and duly recognized by the Government;

(e)    He or she has received a diploma as graduate in nursing, bachelor of nursing or diploma of science in nursing from an institution, college, or university duly accredited and legally constituted in which the following branches are taught: biological and physical science including anatomy and physiology, microbiology and chemistry, social sciences including psychology, sociology, and social problems of nursing, history of nursing and professional adjustments; medical science including medicine, communicable diseases, surgery, orthopedic, pediatrics, obstetrics, gynecology, urology, eye, ear, nose and throat, mental health and psychiatry, introduction to medical sciences and pharmacology and therapeutics; nursing and allied arts including nursing arts, medical nursing, communicable disease nursing, surgical nursing, orthopedic nursing, pediatric nursing, obstetric nursing, gynecological nursing, eye, ear, nose and throat nursing, psychiatric nursing, nutrition, cookery and diet therapy, and public health nursing; and humanities including English.

Section 21.    Scope of examination. — The examination for the practice of nursing in the Philippines shall consist of a written test, the scope of which shall be determined and prescribed by the Board taking into

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consideration the teaching plan of all the schools legally constituted in the Philippines. It shall be the duty of the Board to prepare the schedule of subjects of the examination, which shall include medical nursing, surgical nursing, obstetrical nursing, nursing of children, communicable disease nursing, public health nursing, professional adjustments, nutrition and diet therapy, and general nursing procedures, with the following subjects integrated in the examination: anatomy and physiology, microbiology, mental health, pharmacology and therapeutics, introduction to nursing arts, English and social foundations of nursing and to submit the same to the President of the Philippines for approval through the Commissioner of Civil Service and to publish the same as approved at least two months before the date of the examination wherein they are to be used. Any alteration or amendment that may be made in said schedule shall likewise be approved by the President of the Philippines.

Section 22.    Ratings in the examination. — In order to pass the first examination, a candidate must obtain a general rating of seventy-five per cent in the written test, with no rating below sixty per cent in any subject. An applicant who fails in the first examination but obtained seventy-five per cent in each of at least five of the subjects may be permitted to take a second examination on the subjects in which examinee obtained below seventy-five per cent within one year from the date of first examination. In order to pass in the second examination, the candidate must obtain seventy-five per cent in each of the repeated subjects: Provided, That an applicant who failed again in the set of subjects repeated in the second examination must take re-examination on all subjects within one year from the date of the second re-examination: Provided, further, That should he or she still fail in this second re-examination, the applicant shall be required to pursue a prescribed course of study and to show proof of the completion of such course before he or she will be admitted to a fourth examination. 

Section 23.    Report of results of examination. — The Board of Examiners for Nurses shall, within one hundred twenty days after the examination, report the ratings obtained by each candidate to the Commissioner of Civil Service, who shall with his recommendation, submit such ratings to the President of the Philippines for approval.

Section 24.    Issuance of certificates. — Certificates of registration as nurse shall be issued to any applicant who passes the examination after approval of her ratings by the President of the Philippines and upon payment of the required fees. Every certificate of registration shall show the full name of the registrant, have a serial number, bear the signatures of the members of the Board, attested by the Secretary of the Board and duly authenticated by the official seal of the Board of Examiners for Nurses.  

The issuance of a certificate of registration by the Board to the registrant shall be evidence that the person named therein is entitled to all the rights and privileges of a registered nurse until said certificate, for just cause, is revoked temporarily or cancelled.

Section 25.    Registration by reciprocity. — Certificate of registration may be issued without examination to nurses registered under the laws of any foreign state or country: Provided, That the requirements for the registration or licensing of nurses in said foreign state or country, are substantially the same as those required and contemplated by this Act: And provided, further, That the laws of such state or country grant the same privileges to registered nurses in the Philippines on the same basis as the subjects or citizens of such foreign state or country.

Section 26.    Fees for examination and registration. — Applicants for examination for the profession of nursing shall pay an examination fee of thirty pesos. Successful applicants shall pay a registration fee of ten pesos.

Section 27.    Refusal to issue certificates in certain cases. — The Board of Examiners for Nurses shall refuse to issue a certificate of registration to any person convicted by a court of competent jurisdiction of any criminal

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offense involving moral turpitude, and to any person guilty of immoral or dishonorable conduct. The Board shall give the applicant a written statement setting forth the reason or reasons for its action, which statement shall be incorporated in the records of the Board.

Section 28.    Revocation and suspension of certificates. — The Board shall also have the power to revoke or suspend the validity of a certificate of registration of a nurse for any of the causes mentioned in the preceding section, or for unprofessional conduct, malpractice, incompetency, or serious ignorance or negligence in the practice of nursing or for making use of fraud, deceit or false statements to obtain a certificate of registration.

Section 29.    Reissue of revoked certificate and replacement of lost certificate. — The Board may, for reasons of equity and justice, and upon proper application therefor, issue another copy of the certificate, original or duplicate, upon payment of ten pesos.

A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the Board and upon payment of ten pesos.

ARTICLE VSundry Provisions Relative to the Practice of Nursing

Section 30.    Prohibition in the practice of nursing — Penal provisions. — Any person who shall practice nursing in the Philippines within the meaning of this Act, without a certificate of registration issued in accordance with the provisions of this Act, or without having been declared exempt for examination and registration, or any person presenting or using as his or her own the certificate of registration of another, or any person giving any false or forged evidence to the Board in order to obtain a certificate or registration, or any person using a revoked or suspended certificate of registration, or any person assuming, using, or advertising as a registered nurse, or appending to his or her name the letters R.N. or B.S.N. without having been conferred such title or degree in a legally constituted school, college, university, or board of examiners duly authorized to confer the same, or advertising any title or description tending to convey the impression that she is a nurse e.g. using the nurses' uniform and cap without holding a valid certificate of registration from the Board, or any person violating any provision of this Act, shall be guilty or misdemeanor and shall upon conviction, be sentenced to a fine of not less than one thousand pesos nor more than five thousand pesos or to suffer imprisonment for a period of not less than one year nor more than five years, or both in the discretion of the court.

Section 31.    Enforcement of this Act by officers of the law. — It shall be the duty of all duly constituted officers of the law of the National Government or any provincial, city or municipal government, to enforce the provisions of this Act and to prosecute any person violating the same.

Section 32.    All laws, parts of the laws, orders, ordinances, or regulations in conflict with the provisions of this Act, as pertain to nursing education and practice shall be, and are hereby repealed.  

Section 33.    This Act shall take effect upon its approval.