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Philippine Nursing Act 2002 Overview

The document summarizes the key points of the Philippine Nursing Act of 2002, which established the Board of Nursing and its powers and responsibilities. The Board of Nursing is comprised of 7 members - one chairperson and 6 members - who are appointed to oversee nursing education, licensing, and practice standards. The Board regulates the nursing profession, administers the national nursing licensure exam, and has powers to issue and revoke nursing licenses, investigate complaints, and develop ethics guidelines for nurses in the Philippines.

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Justine Jimenez
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0% found this document useful (0 votes)
347 views8 pages

Philippine Nursing Act 2002 Overview

The document summarizes the key points of the Philippine Nursing Act of 2002, which established the Board of Nursing and its powers and responsibilities. The Board of Nursing is comprised of 7 members - one chairperson and 6 members - who are appointed to oversee nursing education, licensing, and practice standards. The Board regulates the nursing profession, administers the national nursing licensure exam, and has powers to issue and revoke nursing licenses, investigate complaints, and develop ethics guidelines for nurses in the Philippines.

Uploaded by

Justine Jimenez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Professional Adjustment
  • Examination and Registration
  • Negligence and Legal Responsibilities

FINALS

 PRC-2 per vacancy


PROFESSIONAL ADJUSTMENT  Fourteen recommendations
 To know laws governing the nursing  Will recommend two persons per
practice vacant position
 President-1 per vacancy
RA 9173  The President of the Philippines
 Current Philippine Nursing Law (2002) will sign to appoint
 An act providing for a more responsive
nursing profession Section 4. Qualifications of the
 This year—2002, is the same year Chairperson of the Members of the Board
where there was sudden inflation in  Members of the BON should come from
the number and demand of nursing diverse fields in nursing
personnel in the world  All the seven members should not come
 Repealing for the purpose RA 7164 from the same area, should be a mixture
(Philippine Nursing Act of 1991) of the three areas (academe, practice,
 Repealed: totally changed; Amend: and public health)
improved
Should represent three areas in nursing
 Old Nursing Law
 Nursing Education (Dean, Faculty)
ARTICLE I  Nursing Service (Chief Nurse, Nurse
TITLE Manager)
 Community Health Nursing (Public
Section 1. Title Health)
 “Philippine Nursing Act of 2002”
Qualifications: Board of Nursing
ARTICLE II  Natural born citizen and resident of
DECLARATION OF POLICY the Philippines
 Should be a resident in the country
Section 2. Declaration of Policy because they would work onsite in
 For the protection and improvement of PRC
the nursing profession  PRC main office is in Morayta
 Improvement of education, career  A registered nurse in the Philippines
prospects of nurses  MAN/ MSN/ MAEd, or MA in other allied
medical and health sciences
ARTICLE III  Chairperson: MAN or MSN (should have
ORGANIZATION OF THE BOARD OF NURSING a masters in nursing only)
 Speaks about what they do and what they  Members: at least four members have
can do (the scope of their masters in nursing, then the others
responsibility) may have masters in other allied
 Creates the board exam for nurses medical and health sciences
 Member of good standing of the
Section 3. Creation and Composition of the accredited professional organization of
Board nurses (PNA)
 One Chairman  At least 10 years continuous practice
 Six Members of the profession before the
 Total of Seven appointment
 PNA-3 per vacancy  The last 5 years must be spent in
 The accredited professional the Philippines
organization (APO) in nursing  The first five years can be
o To be a member of the board a practiced abroad
nurse should be a member of the  The recent years are more important
APO—PNA  Not convicted of any offense involving
 Should be a member of PNA moral turpitude
 PNA would be the one to nominate for  (-) qualification if accused of any
BON moral turpitude
 Twenty-one list of names  RN MAN
o These 21 people will be submitted  R-RN, MAN
to the PRC for further screening
 N-Natural Born Citizen & Resident of to maintain the integrity of their
the Philippines job
 M-Member of PNA  They are quarantined a week before
 A-At least 10 years of continuous the board exam (not allowed to be
practice in nursing invited as guest speakers)
 N-Not convicted of any crime or  They have deliberation a week before
moral turpitudes board exam results
 Obliged to make a new set of board
Section 5. Requirements upon Qualification exam
as Member of the Board of Nursing  There is a percentage from the old
 Resign immediately (from work) questions (test bank) in the board
 Any nursing job exam. A machine selects these
questions
 To avoid conflict of interest
 They have a lot of references in
 No pecuniary interest
making board exam questions
 No monetary interest
 The correct answer depends on the
 Should not sell books about nursing one who made the question
(compilation of questions from the
 PRC selects the date for the board
board) and should not teach in
exam
review centers
 Issue, suspend, or revoke a license
Section 6. Term of Office  Negligence
 Regular Appointment (3 years)  A revoked license can be reissued
 Terms may be extended and may be  The clinical instructor will be held
reappointed (up to two times) accountable if a student nurse makes
 Ad Interim (substitution) a medication error or negligence.
Their license may be revoked
 Will finish the number of years not
fulfilled by the former board member  Monitor quality nursing practice in the
Philippines
 Hold Over (extend position)
 Ensure quality nursing education
Section 7. Compensation of the Board  They can recommend (BON) for closure
Members of a nursing program in a university
 Same with other PRBs (Professional especially if they have a low
Regulatory Boards) passing rate
 Allowance and salary are placed in this  CHED has the power to close a
section but is not disclosed within the nursing school
law  Conduct hearings and investigations
 Administrative case (negligence,
Section 8. Custodian of Records malpractice) → PRC → BON will be the
 PRC (Philippine Regulatory Commission)- judges
custodian of all records  Issue subpoena (court order)
 Accepts all applications and o Subpoena Ad Testificandum:
requirements for board exam testify; serve as a witness
 All records needed for hearings are in o Subpoena Duces Tecum: bring
the custody of the PRC patient’s chart, documents that
will serve as evidence
 Renewal and applying for the license
are also done in PRC  Promulgate a Code of Ethics in
coordination with APO (PNA)
 PRC also sets the date for the board
exam  PNA is consulted by the BON in the
promulgation of the code of ethics
Section 9. Powers and Duties of the Board  Recognize nursing specialty
Powers and Duties of the BON: organizations in coordination with APO
 Conduct NLE (Nurse Licensure  Nursing specialty organizations
Examination) should be recognized by the APO
 Maintain the integrity of the board  Prescribe, adopt, issue, and promulgate
exam guidelines for the improvement of the
 No leakage nursing profession
 A family relative of the BON may  Quasi-Legislative Power (law-making
take the board exam as they pledge body): prescribe, adopt, issue, and
promulgate guidelines for the
improvement of the nursing said country are substantially
profession the same
 Quasi-Judiciary Power (supreme  Good moral character
court): conduct hearings &  BSN graduate in a duly recognized
investigations institution
o Quasi: independent  Submit Transcript of Records (TOR)

Section 14. Scope of Exam


 NP 1-5
Section 10. Annual Report
 Day 1: NP 1-3
 Submit an annual report to the
o NP 1: CHN
president every end of the year
o NP 2: MCN
 BON is obligated to pass annual o NP 3: MS
reports
 Day 2: NP 4-5
 Accomplishments o NP 4: MS
 No board exam leakage, board exam o NP 5: MS w/ Psychiatric Nursing
results  Fundamentals, Research, Leadership &
 Proceedings Management are incorporated with NP
 Recommendations for improvement of the 1-5
nursing profession  Decent Work and Employment,
 Promulgation of guidelines Transcultural Nursing, & Disaster
Nursing are new and would be
Section 11. Removal from the Board included in the 2022 board exam
(suspension)
 Continued neglect of duty or Section 15. Board Ratings
incompetence (same questions in the  Ratings: GWA of at least 75% should be
board exam) met to pass the NLE
 No intervention towards rising  Rating not below 60% in any subject
numbers of negligence and  If GWA is >75%, but with a rating <60%
malpractice in the field in any of the subjects, you will be
 Commission or toleration of considered a conditional passer
irregularities in the licensure  Removal examination
examination (leakage)  You are not failed yet but you have
 Unprofessional, immoral, or to take the NP where you have a
dishonorable conduct score of <60%
 “‘wag natin mantsahan ang kaputian  This will be taken on the next board
ng ating propesyon” – sir Ejay exam; the score should be at least
75% (if the score did not reach 75%,
ARTICLE IV a person will be considered failed
EXAMINATION & REGISTRATION and will have to take the whole
board exam again)
Section 12. NLE
 RA 8981 “PRC Modernization Act of 2000” Section 16. Oath
 Multiple choice and checked by a  You cannot place the RN after your name
machine unless you have undergone oath-taking
 Essay & manual checking of NLE  Oath-taking is mandatory
before  Every passer or registrant is
required to take the oath
Section 13. Qualification for Admission to  If you are not able to attend oath-
the NLE taking led by the BON you may do oath-
 Citizenship taking with the President, Vice
1. Filipino citizen; or President, and Mayors
2. Foreign citizen or subject of a
country that permits Filipino nurses PRC Board Resolution 2012-657
to practice within its territorial  Who may administer the oath of the
limits profession?
a. Same basis as the subject or
 PRB (BON)
citizen of such country
b. Requirements for the registration  Chairman, vice chairman, member
or licensing of nurses in the  Any official authorized by the PRC
 Any official/officer authorized  Show ratings for all the NPs
under the Revised Administrative  No reciprocity: need to take other
Code country’s examination to practice
o President nursing
o Vice President  Licensure: the method by which a state
o Members and Secretaries of Both holds the nurse accountable for safe
Houses practice to citizens of that state
o Members of the Judiciary
 Licensure Process
o Secretaries of Departments
o Governors and Lt. Governors  Licensure by Examination: the
o Mayors process by which an individual who
o Congressman has completed an approved nursing
o Directors program seeks initial licensure by
o Clerks of Court successfully passing a standardized
o Registrars of Deeds competency examination
o Constitutional Officers  Licensure by Endorsement: the
o Notary Public process by which an individual who
 Where is the oath of professional held? is duly licensed as a registered
nurse under the laws of one state or
 In any specified venue in Metro
country has their credentials
Manila or outside
accepted and approved by another
 How is the oath of professional held? state or country (same curriculum
 Simple, solemn, mass, oath-taking, and requirements; has reciprocity)
supervised by all PRBs (Professional o Only applicable to RNs in other
Regulatory Boards of Nursing—all countries
BON) o If there is reciprocity: an
agreement between countries
Section 17. Issuance of Certificate of CERTIFICATE OF
PROFESSIONAL ID CARD
Registration/Professional License and REGISTRATION
Professional Identification Card Full name of the professional
Photo of the professional (1x1)
 License: proof that you are given the Official seal of the commission
privilege to practice the profession in Date of registration
the Philippines Signature of the chairperson of the commission
 Not for everyone Signed by the chairperson of the
Signed by the chairperson only commission and members of the
 Only given to a person and can be board
revoked License number Serial number
 Once a person is a license holder, Date of issuance and expiration -
Barcode Official seal of the commission
the person is allowed to practice (PRC)
nursing in the country (can also
 A certificate of registration is
practice in other countries if there different from a certificate of
is no agreement between the
passing. Certificate registration is a
countries) legitimate document that will certify
 Rights are not taken away from you. that you are already a registered nurse
Present since birth that is signed by the BON
 Professional Identification Card:
Picture, Last Name, First Name, Middle Section 18. Fees for Examination &
Initial, Registration Number (license Registration
number), Registration Date, Valid Until  Examination and registration have fees
(expiration date)
 You shall pay the prescribed fees
 PRC license is expired during the set by the PRC
birthdays of the holder
 Penalty fee: renewed beyond the
 Back: Signature of the professional and expiration date
chairman of PRC
 Renewal every 3 years Section 19. Automatic Registration of
 Renewal is obliged to continue Nurses
practice nursing  All nurses whose names appear on the
 Expired every birthday roster of nurses shall be automatically
 Certificate of Passing: proof that you or ipso facto registered as nurses
met the requirement for the board exam under this Act upon its effectivity
 Grades from NP 1-5 is >60% with a  You cannot obtain your license if you
GWA of >75% do not register
 Use of fraud, deceit, or false
Section 20. Registration by Reciprocity statement
 A certificate of registration/license  Practicing during suspension
may be issued without examination to  But when emergencies are attended to
nurses registered under the laws of a outside the hospital, the license
foreign country: will not be revoked
 Requirements for registration or  Violation of this Act (in totality)
licensing of nurses (board exam) are
SUBSTANTIALLY THE SAME NEGLIGENCE
o But should have the same
 Commission or omission of an act,
curriculum or requirements in
pursuant to duty, that a reasonably
terms of licensure and
prudent person in the same or similar
registrations
circumstance would or would not do
 Foreign countries grant SAME
 Commit: a prudent nurse does what is
PRIVILEGES to registered nurses
not done (ginawa)
o There is an agreement between two
o E.g., Wrong medication
countries (RNs from a certain
country can work with the country  Omit: a prudent nurse does not do
in agreement vice versa) what should be done (hindi ginawa)
o E.g., Not raising side rails
Section 21: Practice Through during a seizure
Special/Temporary Permit
THE ABCDs OF NEGLIGENCE
 Foreign nurses can practice nursing in
the Philippines temporarily  AN injury occurred within the BREACH of
duty of the nurse where CAUSE of injury
 Issued with special/temporary permit
is the failure to perform the DUTY
(issued by the PRC)
 E.g.,
 Internationally well-known specialists
or outstanding experts in any branch or  Duty exist: Raising side rails to a
specialty in nursing (e.g., Patricia seizure precaution patient
Benner, Jean Watson)  Breach of duty: duty not done
 On medical mission whose services shall  Causation: injury
be free in a particular hospital,  An injury or harm occurred:
center, or clinic injury/harm to the patient (lying
 Employed by schools/colleges of nursing on the floor with fractures at the
as exchange professors in a branch or shoulder)
specialty in nursing
 MIX EXAMPLES OF NEGLIGENCE
 M-Medical Mission  Failure to report observation to
physician
 I-Internationally well-known
 aggravation of the patient’s
 X-Exchange professors
condition
Section 22. Non-registration and Non-  report abnormal findings to the
issuance of COR/Professional doctor immediately
License/Special Temporary Permit  Failure to exercise the degree of
 Has already passed the board exam but diligence which the circumstance of the
PRC won’t issue a license case demands
 Convicted of criminal offense/moral  Mistaken identity
turpitude  check patient’s ID band
 Guilty of immoral or dishonorable  ask their name and birthdate
conduct  Defects in the equipment leading to
 Unsound mind injury of the patient
 Declared by the court  Medication error: not following the 10
rights of drug administration
Section 23. Revocation and Suspension of
COR/Professional License and Cancellation
of Special/Temporary Permit
 Unprofessional and unethical conduct
 Gross incompetence or serious ignorance
 Negligence or malpractice
 Traffic can be avoided by leaving
early

Captain of the Ship


 Principle of medical-malpractice law,
holding a surgeon liable for the
actions of assistants who are under the
surgeon’s control but who are employees
of the hospital, not the
surgeon
 Errors due to family assistance  Usually in the OR
 Improper health education to family  The surgeon is held
members liable
 E.g., TSB and the nurse forgot to
Damnum Absque Injuria
teach the temperature of the water
that has led to burns  Although there was physical damage,
there is no legal injury
 E.g., IV insertion: there is no
question about your competence, and a
sudden blackout caused a through and
DOCTRINES OF NEGLIGENCE through (unavoidable incident)
 Always consider the competence of the
Doctrine of Respondeat Superior nurse (if not = negligence; if a nurse
 “Let the master answer for their is competent or expert = damnum absque
subordinates” injuria)
 The head will be held accountable for  No intentional injuries
the negligence of the staff nurse
 The hospital will also be liable MALPRACTICE
 The staff nurse will be accountable as  Not in the scope of practice
well  Unskillful and improper discharge of
 The hospital, nurse assigned, & one’s duties or professional negligence
clinical instructor will be held  Stepping beyond the scope of
accountable for the negligence of a practice/qualifications
student nurse  A type of professional negligence
 may damay
MALPRACTICE vs. NEGLIGENCE
Doctrine of Res Ipsa Loquitor
 “Let the thing speak for itself” Malpractice
 E.g., a scalpel left behind after  Failure of professional action
appendectomy  mali ang pagkakagawa
 The patient complained of abdominal  e.g., removal of IV using scissors to
pain remove the tape and a sudden cut to the
 The HCPs involved during the patient’s skin was made
procedure will be held accountable
 A sponge is more common Negligence
 Let the thing serve as evidence for  Failure of judgmental perception
itself  common sense
 Usually during a surgical procedure  kapag hindi mo ginawa, may
mangyayaring masama sa pasyente
Doctrine of Force Majeure  e.g., Soaked diaper was not changed
 An event that cannot be foreseen that caused bedsores
 An act of god
Section 24. Re-issuance of Revoked COR and
 Unexpected event Replacement of Lost Certificates
 Natural disasters Maximum of 4 years
 E.g., you were not able to go to  Reasons of equity and justice
work d/t flood  When the cause for revocation has
 Exception disappeared or has been cured and
 Valid reasons corrected
 Cannot be avoided  Payment after re-issue of a license
 Promotion of health, prevention of
ARTICLE V illness, and alleviate sufferings &
NURSING EDUCATION pains
 Provide nursing care through the
Section 25. Nursing Education Program utilization of the nursing process
 It shall provide a sound general and  Establish linkages with community
professional foundation for the resources and coordination with the
practice of nursing health team
 Significance of nursing education  Provide health education to
 RLE and lecture hours should be individuals, families, and communities
completed before taking the board exam  Teach, guide, and supervise students in
nursing education programs
Section 26. Requirement for Inactive  Undertake nursing and health human
Nurses resource development training and
 Returning to Practice research
 Five consecutive years not practicing  Nurses are allowed to administer
nursing medications, so long as there is the
 One-month didactic training prescription of the doctor
 Lecture form of training  Internal examination (IE) is allowed
(simulations in mannequins) but should (-) antenatal bleeding
 Three months practicum  Nurses are allowed to suture perineal
 Done at hospitals accredited by the suturing so long as they are trained to
BON do so

Section 27. Qualifications of the Faculty Section 29. Qualifications of


 RN in the Philippines Nursing Service Administrators
 MA in Nursing/ MSN/ MA in Education/ MA  Middle-level managers in the nursing
in other allied medical and health profession (nurse managers, head nurse,
sciences supervisors, chief nurse)
 At least one year of clinical practice  RN in the Philippines
in a field of specialization  At least 9 units of management and
 Member of a good standing APO (PNA administration courses at the graduate
member) level
 Fee: 500  Regardless if MA degree is not yet
completed
Qualifications of the Dean  At least two (2) years experience in
 RN in the Philippines general nursing service administration
 MA in Nursing/MSN  Member of a good standing APO
 MAN: managerial and administrative
(deanship, chief nurse) Chief Nurse Qualifications
 MSN: clinical (hone skills on the  RN in the Philippines
clinical side)  Masters degree holder in Nursing
o Must complete number of duty  At least 5 years experience of
hours supervisory/managerial position in
o Case studies nursing (as head nurse or supervisor)
o Specializations (cardio,  Member of a good standing APO
diabetes, etc.)
o Clinician approach Public Health Chief Nurse Qualifications
 Five years of clinical experience  Masters in Public Health
 Member of a good standing APO
Military Chief Nurse Qualifications
ARTICLE VI  Completed General Staff Course (GSC)
NURSING PRACTICE  Military training
 Given with titles
Section 28: Scope of Nursing Practice
 Encompasses what we can do as nurses Section 32. Salary
 We provide nursing care from womb to  RA 6758 “The Compensation and
tomb Classification Act of 1989”
 Salary Grade 15 (Entry Salary/Level,
Nurse 1) – 33,575
 Nurse 2: Salary Grade 17 – 39, 986
 Nurse 3 (Head Nurse): Salary Grade
19: 48,313
 Nurse 4: Salary Grade 20: 54, 251
 Nurse 5 (Supervisor/ Assistant Chief
Nurse): Salary Grade 22: 68, 415
 Nurse 6 (Chief Nurse): Salary Grade
24: 86, 742
 In public health institutions only

Section 35. Prohibition in the Practice of


Nursing
 Fine of not less than 50, 000 and not
more than 100,000 (50,000-100,000)
 Imprisonment of not less than 1 year
and not more than 6 years (1-6 years)
 Practicing without a COR (Misdemeanor)
 Practicing with the use of another COR
(Misrepresentation)
 Minor crime
 Uses an expired, suspended, or revoked
COR
 Who gives false evidence
 Who falsely advertises as an RN
 Who appends BSN/RN without being
conferred

Additional Notes:
 RA 9173: No limit in re-taking of the
board exam (current)
 Senate (new law): maximum of three
takes; at least three years of clinical
experience for nursing educator

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