THE LEGAL BASIS OF NURSING PRACTICE

A. Areas of Concern
GovernmentHealth Responsibilities
A) Government Health Responsibility

Before Martial Law

After Martial Law

Revised Administration Code Section 938

New Constitution, Section 7 Article III

The Bureau of health is changed with the protection of the people of the Philippine and maintenance of sanitary conditions therein

The states shall establish, maintain and ensure adequate social services in the field of health

CA403

Integrated Reorganization Pla (PD I)

The Department of Health and public welfare shall be charged with the protection of the people, the maintenance of sanitary condition, food drugs and narcotics, slum housing, garbage and other waste disposal

The Department of Health is the primary policy, programming, coordinating and administrative entity of the executive branch of the government in the field of health

1. Philippine Med. Care Act of 1969 (RA6111) (Phil. Health)

The government declares its policy to gradually provides total medical service for people by adopting and implementing a comprehensive and coordinative medical care program The government regulated med. Practice and education in the country. Supervision control and regulation of medicine area made through provisions determining the qualifications of those engaging in the practice of medicine and surgery, and regulating the manner and circumstances in which a specified field of practice shall be performed.

Presidential Decree No. 408

- Providing for adinterim Medicare Coverage for Government Retirees

2. Philippine Med. Care Act of 1958 (RA 2363)

P.D. 1519 New Medicare Law Which covers Phase II or Plan II providing, Medicare Services to self-employed and all other not covered in Phase I Low cost medical services only for government employee and dependents 18 years and below 60 and above
-

3. Government Hospital

It shall be the duty of the government to provide at least one free general hospital bed for every 5,000 population in each province, prescribes the proportionate share of the national, provincial, city and municipal governments in the financial contributions for an operation and maintenance of fields beds in government hospitals, shall operate with not less than 90% (later reduce to 70% of its bed capacity or free of charity beds

Republic Act No. 5720 - Creation of National District Hospitals CA356 - Any province can receive aid from the Philippine government foe the operation and maintenance of a provincial hospital

Republic Act No.1939 - Special hospitals shall continue to be operated by the national government Executive Order No. 360 - Establishment of Community Hospitals and Health Centers

4. Medical Survives for Indigent and Poor

Revised Administrative Code: Section 1029 - It shall be incumbent upon the Bureau of Health as funds may be available therefore, to provide for the proper care and medical treatment of poor people in clinics, hospitals or otherwise Section 1030, Section 1032 - District Health Officer shall render medical service for persons entitled to free medical service

Section 1035 - Inhibition against receiving pay for free medical services

Republic Act No. 747 - Not to regulate the fees to be charged against patients in government hospital and charity clinics, classifying patients according to their financial conditions Republic Act No. 298 - Act appropriating funds to subsidize charity beds for indigent persons in private hospitals located in towns, places or localities far from any provincial hospital

5. Rural Health

CA 701 and 707 - Establishment of charity clinic, maternity clinics and puericulture centers CA 704 amended by RA 185 and RA 1082 - An act to establish municipality districts having a population of not more than 8,000 inhabitants RA1082 amended by 1891 Medical and Dental - An act strengthening health and dental services in the rural areas and providing funds thereof and creation of rural health units in municipalities based on a more equitable and scientific distribution on the ratio of personnel to population RA 3200 - An act of facilitate the establishment and operation of the puericulture institutions organized in the Philippine Islands Integrated Reorganization Plan (PD I) - The Department of Health shall extend maximum health service to the rural areas P.D. 568 -legal basis of funding of M.O.H. or D.O.H. project s like family planning, R.H.C.D.S. ect

6. Private Section - Responsibility for Government Private Sector Coordination

Hospital Licensure Act RA 4226 - An act requiring the licensure of all hospitals in the Philippines. Requiring construction permits and approval of plans RA 124 (amended by RA 951) -providing for the medical care of Laborers in private concerns and employers provision of medical treatment

Department Circular No. 143, Section 1972 - Enjoining all consultants and specialists in training hospitals under the Department of Health to peripheral hospitals Department of Circular No. 144, Section 1972 103: - Enjoining all department of health hospital to make their ambulances available to private and other government hospitals to proper coordination and cooperation

B. Specified Areas of Concern

1. Population Control New Constitution, Section 10, Article II - It shall be the responsibility of the states to achieve and maintain population growth levels most conductive to national welfare Presidential Decree No. 79 - Declares that family planning is a national program but to be implemented with due respect to individual and religious beliefs, Revised by PD 166

*Letter of instruction No. 47 -promotion of Family Welfare

*Letter of Instruction No. 47A - Dissemination of Information on Family Planning *Presidential Decree No. 568 - Appropriate Funds for the Philippine population Project and creating the project Management Staff

2. Environmental Sanitation

*G.O, 13 -(Pollution and Sanitation) General Order Calling upon every resident and citizens of the Philippine to keep his environment or surrounding clean/wholesome and prohibiting the throwing of garbage in public places such as roads, canals, esteros, parks RA 6365 Creation of Commission on Population (POPCOM)

RA 4729 - An act to regulate the sale dispensate and/or distribution of contraceptives, grups devices
G.O. 18 (Govt Order) - To promote the concepts of family planning and responsible parenthood - Enjoining all citizens of the Phil. Universities, colleges/school/government/officers/Mass Media Civil Voluntary Organizations ect. To promote concept of family welfare, Responsible Parenthood and Family Planning LO I 47 - Directing MECS to in form all Schools of Medicine/Nursing/Midwifery/Allied Medical

Under environmental sanitation Population/Environmental Sanitation

RA 3931 -The National Water and Air Pollution Control Commission was given the task of maintaining reasonable standard of purity for the water and air of the country
New Constitution, Section 5 Article II - The state recognizes the vital role of the youth in nation/building and shall promote their physical intellectual and Social wellbeing

Presidential Decree No. 609 -Prevention and control of marine Pollution

P.D. 825 -Law on Proper disposal of Garbage P.D. 856 -Code of sanitation. Integrated all the sanitary causes of the land P.D. 603 -The Child and Youth Welfare Code, expresses the Rights of Children P.D. 148 - Women/Child Labor Law

3. Youth and Children/Women/Working (laboring) Filipino

CA 701 - Provided funds for the promotion of maternity and child health

P.D. 442 - New Labor Code of the Philippines

RA 731 - Creation of National Indigent Childrens Hospital

P.D. 633 - Creating National Commission on role of Filipino Women

Act 3029 and RA 847 - Medical inspection and dental services for public school children shall be undertaken by the Department of Health

P.D. 996 - Authorizing compulsory immunization of children below 8 years of age

Act No. 2116 (amended by act 2246) - An act calling for the investigation of cause of infant mortality in the Philippines

4. Nutrition

P.D. No. 491 -Declares that nutrition is now a priority of the government by all branches of the government in an integrated fashion -Creates the National Nutrition Council Executive Order No. Section 1936 Presidential Decree No. 289 - Authorizing the Food and Drug Administration to order the closures, or suspend or revoke the license of any drug establishment violating the laws and regulations governing prohibited or regulated drugs medicines and similar substances Letter of Instruction No. 213 - Directing that the sale of drugs and medicine by pharmaceutical manufacturers/importers/prices therefore changed to distributors/ wholesalers P.D. 44 amending certain sections of R.A. 6425, known as Dangerous Drugs Act of 1972 aimed at prevention/control of drug dependency

5. Food and Drugs

Narcotics Drugs Law RA 953 Declares certain drugs as habit forming

Dangerous Drugs Act of 1972 (RA 6425)

Seek to protect the population from drug abuse by regulating the use of dangerous drugs

Creates the Dangerous Drugs Board Act of 1972 aimed at prevention/control of drug RA 3720- Environmental Sanitation An act to ensure the safety and purity of foods dependency drugs, and cosmetic being made available to the public by creating the Food and Drug Administration 6. Manpower Philippine Medical Technology Act of 1969 - Midwives and Nurses practicing midwifery are not allowed to perform obstetrical operations R.A. 2644 - Nurse-Midwifery practice law/registration fee of P 115.00 Presidential Directive - Utilization of under board doctors and nurses by government health facilities particularly in rural areas Department of Health Directive - Training and use of health auxiliary personnel (or paramedics) and midwives to serve in rural health units

R.A. 2382 - Philippine Medical Act of defining new practice of Medicine in the Philippine R.A. 877 - Philippine Nursing Law R.A. 7164 - New Nursing Law approved November, 1991, containing new features signed into

7. Information Vital Statistics (B/D Registration

Presidential Decree No. 650 - requiring the taking of an integrated census of population and economic activities in May 1975 and for other purposes and thereafter P.D. No. 651 - Requiring the registration of births and breaths in the Philippine which occurred from January 1, 1974 and thereafter

8. Radiation

P.D. No. 480 - Creating the Radiation Health Office in the Ministry of Health to supervise use of radiation in hospitals, etc.

9. Industrial or Occupational health

R.A. 1054 - Designating the district health officers, city health officers and sanitary engineers of the Department of Health to regulate the planning and construction of water supplies

P.D. No. 626 -Authorizing Employees Compensation Commission (D. O.L.E.) to fund medicare for employees sick or suffering from work connected diseases (compensable diseases)

P.D. No. 522 - Prescribing sanitation requirements for the operation of establishments and facilities for the protection and convenience of the traveling public, foreign and local tourist 10. Specific Diseases Act No. 3573, section 1025 - Revised Administrative An Act to prevent and suppress dangerous communicable diseases R.A. 3753 Letter of Instruction No. Code 247 - Deputizing the constabulary patrol group to enforce the provision of PD 522 prescribing sanitation requirements for establishment catering to the traveling public P.D. No. 673 - Creating the Philippine Heart Center for Asia

CA 39B ,RA 1367 -An act creating the Cancer Institute, providing funds for leprosy, research and

R.A. 1139 - Reorganization the Division of Tuberculosis in the Department of Health/Legal basis of N.T.P. or the National Tuberculosis Program

P.D. No. 70 - insuring the successful operation of malaria eradication campaigned in the Philippine

R.A. 4073 Liberalized - Originally liberalized the treatment of leprosy P.D. No. 384 - An act further liberalizing the treatment of leprosy by amending certain sections of the Revised Administrative Code 11. Health Plans/Approaches P.D. 6-A - Educational Decree of 1972 expressing the National Development Goals of the total Socio-Economic Development Plan P.D. No. 1200 - Approving/adopting the 5 year/10 year and a long term development plan up to the year 2000

L.O.I. 949 - Legal basis of P.H.C. mandating the D.O.H. for its implementation and other activities related to it

12. Professional Nursing Practice and Other Related Laws

R.A. An Act amending R.A. 465 standardizing examination fees changed by the Board of Examiners of the P.R.C. (Professional Regulations Commission)
R.A. 6811 - An Act prescribing permanent residence/reciprocity as qualification of any examination for the practice of any profession in the Philippines R.A. 9173 -The Current Nursing Law

NOTE: the student is advised to continue listing other laws as the case may be

THE PHILIPPINE NURSING ACT OF 2002

(REPUBLIC ACT NO. 9173)

REPUBLIC ACT NO. 9173

-

An Act Providing For A More Responsive Nursing Profession Replaced Republic Act No. 7164 or The Philippine Nursing Act of 1991

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 - protection and improvement of the nursing profession By:
1.

2. 3. 4.

Instituting measures that will result in relevant nursing education Humance working conditions Better career prospects and Dignified existence for our nurses

ARTICLE II - DECLARATION OF
POLICY - The State hereby guarantees the delivery of quality basic health services through as adequate nursing personnel system throughout the country

ARTICLE III -ORGANIZATION OF THE BOARD OF NURSING Section 3 Declaration and Composition of the Board
Creation of a Professional Regulatory Board of Nursing, The Board is composed of a Chairperson and six members Appointed by the President of the Republic of the Philippines Two recommendees, per vacancy Chosen and ranked from a list of three nominees, per vacancy, of the accredited professional organization of nurses in the Philippines

Section 4 Qualification of the Chairperson and Members of the Board

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 masters degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the Government. That the majority of the Members of the Board shall be holders of a masters degree in nursing. Provided, further, that the Chairperson shall be a holder of a masters degree in nursing

Section 4 Qualification of the Chairperson and Members of the Board

d. Have at least ten years of continous practice of the profession prior to appointment: Provided, however, that the last five years of which shall be in the Philippines

e. not have been convicted of any offence involving moral turpitude: Provided, that the membership to the Board shall represent the three areas of nursing, namely: nursing education, nursing service and community health nursing

Section 5 Requirements Upon Qualification as

Member of the Board - The Chairperson or Member of the Board shall immediately resign from any teaching position in institution offering BSN and/or review program for the local nursing board examinations or in any office or employment in the government as well in the private sector.

Section 5 Requirements Upon Qualification as Member of the Board - He/she shall not have any pecuniary interest in administrative supervision over any institution offering Bachelor Science in Nursing including review classes

Section 6 Term of Office

- Shall hold office for a term of three years and until their successors shall have been appointed and qualified; - May be reappointed for another term - Any vacancy in the Board occurring within the term of a Member shall be filled for the unexpired position of the term only.

Section 6 Term of Office

- Each Member of the Board shall take the proper oath of office prior to the performance of his/her duties - The incumbent Chairperson and Member 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 duly qualified

Section 7. Compensation of Board

- Compensation and allowances comparable to the

compensation and allowances received by the Chairperson and members or other professional regulatory boards

Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Service

- The Board shall be under the administrative supervision of the Commission - All records of the Board shall be under the shall be under the custody of the commission - The Commission shall designate the Secretary of the Board

Section 9. Powers and Duties of the Board

- Supervise and regulate the practice of the nursing profession a. Conduct licensure examination 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 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

Section 9. Powers and Duties of the Board

The authority to open and close colleges of nursing and/or nursing education programs shall be vested on the CHED upon the written recommendation of the Board e. Conduct hearings and investigations complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act - Issue subpoena ad testificandum and subpoena duces tecum - Punish persons interfering with the conduct of such proceedings
-

Section 9. Powers and Duties of the Board

f. Promulgate a Code of Ethics within one year from the effectivity of this Act g. Recognize nursing specialty organizations in coordination with the accredited professional organization h. prescribe, adopt, issue and promulgate guidelines, regulations, measures and decision 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

Section 10. Annual Report

- The Board shall 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 improved the conditions affecting the practice of the nursing profession

Section 11. Removal and Suspension of Board Members

The President may remove or suspend any member of the Board after having ben given the opportunity to defend himself/herself in a proper administrative investigation, on the ff grounds: a. Continued neglect of duty on incompetence b. Commission or toleration of irregularities in the licensure examination 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
A.

B. C.

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 He/she is of good moral character He/she is a holder of Bachelors 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 is determined by the Board. The Board shall take into consideration the objectives of the nursing curriculum, the board areas of nursing, and other related disciplines and competencies in determining the subjects of examinations

Section 15 Rating
- In order to pass the examination, an examinee
must obtain a general average of at least 75% with a rating of not below 60% in any subject. An examinee who obtains an average rating of 75% or higher but gets a rating below 60% in any subject or subjects where he/she is rated below 60%. In order to pass the succeeding examination, an examinee must obtain a rating of at least 75% in the subject or subjects repeated

Section 16 Oath
- All successful candidates in the examinations shall be required to take an oath of professional before the Board or any government official authorized to administer oaths prior to entering upon the nursing practice

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. *A professional identification card a. full name of the registrant b. the serial number c. the signature of the Chairperson of the Commission and of the Members of the Board d. the official seal of the Commission
-

Section 17 Issuance of Certificate of Registration/Professional License and Professional Identification Card

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 18 Fees for Examination and Registration

- Applicants for licensure and registration shall pay the prescribed fees set by the Commission

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 requirements for registration or licensing of nurses in said country are substantially the same as those prescribe 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/state whose service are either for a fee or free if they are internationally wellknown specialists or outstanding experts in any branch or specialty of nursing b. Licensed nurses from foreign courtiers/states on medical mission whose services shall be free in a particular hospital, center or clinic c. Licensed nurses from foreign courtiers/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 Nonissuance of Certificates of Registration/Professional License or Special/Temporary Permit

- No person convicted by final judgement of any criminal offence involving moral turpitude or any person guilt 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

Section 23 Revocation and Suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit
-

Power to revoke or suspend the certificate of registration/professional license or cancel the special/temporary permit of the nurse upon any of the following grounds:

a.

b. c. d.

For any of the causes mentioned in the preceding section For unprofessional and unethical conduct For gross incompetence or serious ignorance For malpractice or negligence in the practice of nursing

Section 23 Revocation and Suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit

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 temporary/special permit 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 4 years

Section 24 Re-issuance of Revoked Certificates and Replacement of Lost Certificates

-After the expiration of a maximum of 4 years from the date of revocation of a certificate, for reasons of equity and justice 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 - 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 - Provide general and professional foundation for the practice of nursing - The learning experience shall adhere strictly to specific requirements embodied in the precribed curriculum as promulgated by the Commission on Higher Educations policies and standards of nursing education

Section 26 Requirement for inactive Nurses Returning to Practice - Nurses who have not actively practiced

the profession for 5 consecutive years are required to undergo 1 month of didactic training and 3 months of practicum. The Board shall accredit hospitals to conduct the said training program

Section 27 Qualifications of the Faculty

Be a registered nurse in the Philippines b. Have at least 1 year of clinical practice in a field of specialization c. Be a member of good standing in the accredited professional organization of nurses d. Be a holder of a masters 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 college must have a masters degree in nursing. He/she must have at least 5 years of experience in nursing
a.

ARTICLE VI

NURSING PRACTICE
-

a.

b.

c.

d.

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 performance 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, pre-school, school age, adolescence, adulthood and old age. As independent practitioners, nurses are primarily responsible for the prevention of illness As members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of suffering and when recovery is not possible, towards a peaceful death

Section 28 Scope of Nursing

It shall be the duty of the nurse to:

A. Provide nursing care through the utilization of the nursing process - Traditional and innovative approaches - Therapeutic use of self - Executing health care techniques and procedure - Essential primary heath 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

Section 28 Scope of Nursing

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 various 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 E. Undertake nursing and health human resource development training and research

Section 29 Qualifications of Nursing Service Administrators

a. Be a registered nurse in the Philippines b. Have at least 2 yrs experience in general nursing service administration c. Possess a degree of BSN, with at least 9 units in management and administration courses at the graduate level d. Be a member of a good standing accredited professional organization of nurses

Section 29 Qualifications of Nursing Service Administrators

Chief Nurse or Director of Nursing Service Above qualifications with: a. At least 5 yrs of experience in supervisory or management position in nursing b. A masters degree major in nursing

Section 29 Qualifications of Nursing Service Administrators

Chief Nurse of primary hospitals - Maximum Qualifications: subsections a, b, c Chief Nurse of public health agencies - Those with masters degree in public health and community health nursing shall be given priority Chief Nurse of Military Hospitals -MAN and completion of the General Staff Course (GSC) shall be given a priority

ARTICLE VII Health Human Resource Production, Utilization and Development

Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Development -The Board shall initiate, undertake, and conduct studies on health human resource production, utilization and development

Section 31 Comprehensive Nursing Specialty Board

Formulate and develop a comprehensive nursing specialty program that would upgrade the level of skill and competence of specialty nurse clinicians in the country The beneficiaries of this program are obliged to serve in any Philippine Hospital for a period of at least 2 yrs of continuous service

Section 32. Salary

Nurses working in Public health Institutions - Not lower than Salary Grade 15 as prescribed under Republic Act No. 6758 (Compensation and Classification Act of 1989)

Nurses working in LGUs - adjustments shall be made in accordance with Section 10 of the said Law

Section 33. Funding for the Comprehensive Nursing Specialty Program

- Annual financial requirement needed to train 10% of the nursing staff of participating government hospitals are chargeable against the income of the PCSO and PAGCOR

Section 33. Incentive and Benefits

Free hospital care for nurses and their dependents, scholarship grants and other non-cash benefits Government and private hospitals are hereby mandated to maintain the standard nursepatient ratio set by the DOH

Article VIII. Penal and Miscellaneous Provisions

Section 35. Prohibition in the Practice of Nursing Fine of not less that P50,000 and not more than P100,000 or imprisonment of not less than 1 yr nor more than 6 yrs, or both, upon the discretion of the court, shall be imposed upon:

Section 35. Prohibition in the Practice of Nursing

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 2. Who uses as his/her own certificates of registration/professional license and professional identification card or special temporary permit of another 3. Who uses as invalid certificate of registration/professional license, a suspended or revoked certificate of registration/professional license, or an expired or cancelled special/temporary permit

Section 35. Prohibition in the Practice of Nursing

4. Who gives false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit 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 6. Who appends BSN/RN or any similar appendage to his/her name without having conferred said degree or registration

Section 35. Prohibition in the Practice of Nursing

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

Section 35. Prohibition in the Practice of Nursing B. Any person or the chief executive officer of a juridical entity who undertakes inservice educational programs or who conducts review classes for both local and foreign exams without permit or clearance from the Board and the Commission

Section 35. Prohibition in the Practice of Nursing

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 Section 32 and 35 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 - Primary duty of the Commission and the Board is to implement this Act

Section 37 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

Section 38 - Rules and Regulations

- Within 90 days after the effectively of this Act, the Board and the Commission in coordination with other accredited professional organizations, DOH, DBM and other concerned government agencies, shall formulate such rules and regulations necessary to carry out the provisions of this Act - Implementing rules shall be published in the Official Gazette or in any newspaper of general circulation

Section 39. Separability 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

- The Philippine Nursing Act of 1991 (RA No. 7164) 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 15 days upon its publication in the Official Gazette or in any 2 newspapers of general circulation in the Philippines This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on October 15, 2003, respectively Approved on Oct 21, 2002

THANK YOU VERY MUCH

Dean Jocelyn Guzman R.N., M.A.N Ed D