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This page features the full text of
Republic Act No. 7164
"Philippine
Nursing Act of 1991"
AN
ACT REGULATING THE PRACTICE OF NURSING IN THE PHILIPPINES
REPUBLIC
ACT NO. 7164
AN
ACT REGULATING THE PRACTICE OF NURSING IN THE PHILIPPINES
ARTICLE
I
TITLE
Section
1. Title. — This Act shall be
known as the "Philippine Nursing Act of 1991."
ARTICLE
II
DECLARATION
OF POLICY
Sec.
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, and in humane
working conditions, better career prospects and a dignified existence
for
our nurses.
chanrobles virtuallaw libraryred
The
State hereby guarantee the delivery of basic health services through an
adequate nursing personnel throughout the country.
ARTICLE
III
ORGANIZATION
OF THE BOARD OF NURSING
Sec.
3. Name and Composition of the
Board. — There shall be created a Board of Nursing to be composed of a
Chairman and four (4) members who shall be appointed by the President
from
a list of twelve (12) nominees who are registered nurses of recognized
standing in the Philippines and who possess the qualifications
prescribed
in Section 5 of this Act as certified by the accredited national
nurses'
association to the Professional Regulation Commission.
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robles
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Sec.
4. Power and Duties of the Board.
— The Board shall have following powers, duties and functions:chanroblesvirtualawlibrary
(a) Supervise
and regulate the practice of the nursing profession; chanrobles virtuallaw libraryredchan
robles
virtual law library(b) Describe
the subjects in the licensure examination, determine the syllabi of the
subjects, and their relative weight, construct the test questions, in
the
licensure examination, and score and rate the examination paper. The
Board
shall within one hundred twenty (120) days after the examination,
submit
a report of the examination result which shall contain the weighted
average
rating of each examinee to the Office of the President for release and
publication;
(c) Issue,
suspend, or revoke certificates of registration for the practice of
nursing;
(d) Study
the condition affecting the nursing practice in the Philippines and
exercise
the powers necessary to ensure the maintenance of efficient, ethical,
technical,
moral and professional standards in the practice of nursing, taking
into
account the health needs of the nation;chanrobles virtuallaw libraryred
(e) Examine
the prescribed facilities of universities or colleges seeking
permission
to open colleges of nursing or departments of nursing education in
order
to ensure that standards and essential requirements for a qualified
dean
and faculty and adequate budget are property complied with and
maintained
at all times. The authorization to open colleges of nursing shall be
based
upon the favorable written recommendation of both the Board and the
Department
of Education, Culture and Sports;
(f) Require
nurses who graduate from state colleges and universities to render,
after
being issued the necessary board licenses, at least one (1) year of
nursing
service in the Philippines before they are allowed to leave for
overseas
jobs;
(g) Investigate
violations of this Act. For this purpose it may through its Chairman,
with
the approval of the Board, issue summons, subpoena or subpoena duces
tecum
to violators of this Act and witnesses thereof and to compel their
attendance
by the power of contempt; and chanrobles virtuallaw libraryred
(h) Promulgate
decisions or adopt measures as may be necessary for the improvement of
the nursing practice, for the advancement of the profession, and for
the
proper and full enforcement of this Act.
Sec.
5. Qualifications of Board Members.
— A member of the Board shall:
(a) Be
a citizen and resident of the Philippines; chan
robles
virtual law library(b) Be
a member in good standing of the accredited national nurses'
association;(c) Be
a registered nurse and holder of a master's degree in nursing conferred
by a college or university duly recognized by the Government; chanrobles virtuallaw libraryred
(d) Have
at least ten (10) years of continuous practice of the profession prior
to appointment;
(e) Not
be a holder of a green card or its equivalent; and
(f) Not
have been convicted of any offense involving moral turpitude even if
previously
extended pardon by the President of the Philippines. chanrobles virtuallaw libraryred
Sec.
6. Requirements Upon Qualification
as Member of the Board of Nursing. — Any person who qualifies as
Chairman
or member of the Board shall automatically resign from any teaching
position
in any school, college or university 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. He shall not have any
pecuniary interest in or administrative supervision over any
institution
offering basic nursing education programs, including review classes.
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Sec.
7. Term of Office. — The Chairman
and the members of the Board shall hold office for a term of three (3)
years and until their successors shall have qualified: Provided, That a
member of the Board may be reappointed for another term not exceeding
three
(3) years: Provided, further, That, in the event that only one (1)
member
of the Board is reappointed, he or she, by virtue of seniority, shall
automatically
become the Chairman of the new Board. However, in case two (2) or more
members are reappointed, the best qualified among them, to be
determined
by all the members of the new Board, shall become the new Chairman of
the
Board: Provided, finally, That, in case all members of the old Board
are
reappointed or all members are new, all the members of the new Board
shall
determine the best qualified from among themselves who shall be
recommended
to the President of the Philippines to be the Chairman of the Board.
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 or her
duties. chanrobles virtuallaw libraryred
Sec.
8. Compensation of Board Members.
— The Chairman and members of the Board shall receive as compensation
an
amount equal to that given the Chairman and members of other government
boards situated under analogous circumstances.cralaw:red
Sec.
9. Removal of Board Members.
— The President may remove any member of the Board on the following
grounds
after giving the member concerned an opportunity to defend himself or
herself
in a proper administrative investigation to be conducted under the
supervision
and control of the Department of Justice, upon instruction of the
President:
(a) Continued
neglect of duty or incompetence; chan
robles
virtual law library(b) Commission
or toleration of irregularities in the examination conducted by the
Board;
and
(c) Unprofessional
or dishonorable conduct. chanrobles virtuallaw libraryred
Sec.
10.Rules and Regulations. — The Board
shall promulgate such rules and regulations as may be necessary to
carry
out the provisions of this Act.chanrobles virtual law library
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Sec.
11. Records. — All records of
the Board of Nursing, including examination papers, minutes of
deliberations,
records of administrative cases and investigations, and examination
results
shall be kept by the Professional Regulation Commission under the
direct
custody of the person designated by the Chairman of the Commission. No
record shall be removed, altered or examined without the prior
authorization
of the Board.
Sec.
12. Examination Required. — All
applicants for license to practice nursing shall be required to pass
written
examination by the Board of Nursing.chanrobles virtual law library
Sec.
13. Qualifications of Applicants.
— In order to be admitted to the examination for nurses, an applicant
must,
at the time of filing his or her application, establish to the
satisfaction
of the Board of Nursing that:
(a) He
or 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;chanrobles virtuallaw libraryredchan
robles
virtual law library(b) He
or she is at least eighteen (18) years of age: Provided, That any
underage
applicant who successfully passes the examination shall not be
permitted
or licensed to practice nursing until he or she shall have reached the
age of majority;
(c) He
or she is in good health and is of good moral character; and
(d) He
or she is a holder of bachelor's degree in nursing from a college or
university
duly recognized by the proper government agency.
Sec.
14. Licensure Examination. —
The licensure examination for the practice of nursing in the
Philippines
shall by given by the Board not earlier than one (1) month but not
later
than two (2) months after the closing of the semester prescribed by the
Department of Education, Culture and Sports. The examination shall be
held
in the City of Manila or in such places as may be decided by the Board
subject to the approval of the Professional Regulation Commission.chanrobles virtuallaw libraryred
chan robles
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Sec.
15. 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.
Sec.
16. Rating in the examination.
— In order to pass the examination, an examinee must obtain a general
average
rating of at least seventy-five percent (75%) 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 given subject must take the examination
again,
but only in the subject or subjects where he or she rated below sixty
percent
(60%).
In
order to pass the succeeding examination an examinee must obtain a
rating
of at lest seventy-five percent (75%) in the subject or subjects
repeated.cralaw:red
An
examinee who despite the third examination fails to obtain at least
seventy-five
percent (75%) in the subject or subjects repeated shall no longer be
allowed
to take the examination, unless he proves to the satisfaction of the
Board
that he/she has undergone a refresher course consisting in enrollment
and
passing in the regular fourth year subjects in a recognized nursing
school.cralaw:red
Sec.
17. Issuance of Certificates.
— A certificate of registration as nurse shall be issued to any
applicant
who passes the examination upon payment of the prescribed fees. Every
certificate
of registration shall show the full name of the registrant, the serial
number, the signature of the members of the Board, and the official
seal
of the Board.
Sec.
18. Fees of Examination and Registration.
— Applicants for licensure examination and for registration shall pay
the
prescribed fees set by the Professional Regulation Commission. chanrobles virtuallaw libraryred
Sec.
19. Registration by Reciprocity.
— Certificates 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
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.cralaw:red
Sec.
20. Non-issuance of Certificates
in Certain Cases. — No person convicted by final judgment of any
criminal
offense involving moral turpitude or any person guilty of immoral or
dishonorable
conduct shall be issued a certificate of registration.
The
Board shall furnish the applicant a written statement setting forth the
reasons for its action which shall be incorporated in the records of
the
Board.cralaw:red
Sec.
21. Revocation and Suspension
of Certificates. — The Board shall have the power to revoke or suspend
the certificate of registration of a nurse upon any of the following
grounds:
(a) For
any of the causes mentioned in the preceding section; chan
robles
virtual law library(b) For
unprofessional and unethical conduct; chanrobles virtuallaw libraryred
(c) For
gross incompetence and serious ignorance;
(d) For
malpractice or negligence in the practice of nursing; and
(e) For
the use of fraud, deceit, or false statements in obtaining a
certificate
of registration.
Sec.
22. Reissuance of Revoked Certificates
and Replacement of Lost Certificates. — The Board may, for reasons of
equity
and justice or 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.
ARTICLE
IV
NURSING
EDUCATION
Sec.
23. General Entrance Requirements.
— Applicants desiring to enroll in a nursing course must belong to the
upper forty percent (40%) of the graduating class of the general
secondary
course, as certified by the school.chanrobles virtuallaw libraryred
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Sec.
24. Nursing Education Program.
— The nursing education program shall provide sound academic and
professional
foundation for the practice of nursing.
Sec.
25. Learning Experiences. — The
learning experiences required in a classroom, hospital, home, community
or other health/welfare agency shall adhere strictly to specific
requirements
embodied in the prescribed curriculum for the nursing course and in the
rules, policies, and standards of nursing education. Such learning
experience
shall not be less than six (6) units or its equivalent.chanrobles virtual law library
Sec.
26. Qualifications of the Faculty.
— A member of the faculty in a college or school of nursing must:
(a) Be
a Filipino citizen; chan
robles
virtual law library(b) Be
a registered nurse in the Philippines;
(c) Have
at least three (3) years of clinical practice in a field of
specialization;
(d) Be
a member of good standing in the accredited national nurses'
association;
and chanrobles virtuallaw libraryred
(e) Be
a holder of a master's degree in nursing or other related fields
conferred
by a college or university duly recognized by the Government of the
Republic
of the Philippines; Provided, however, That nothing in this Act shall
be
construed to disqualify those who have already been considered
qualified
and actually occupying the position before the effectivity of this Act:
Provided, further, That those occupying such position before the
effectivity
of this Act shall be given a period of five (5) years from the date of
effectivity of this Act within which to qualify under the provisions
hereof:
Provided, finally, That, by the year 2000, all colleges of nursing
shall
only employ faculty members with a master's degree in nursing or in
other
related fields.
In
addition to the aforementioned qualifications, the dean of a college or
school of nursing must have had at least there (3) years of experience
in teaching and supervision in nursing education, and preferably must
have
a master's degree in administration and supervision of nursing
education
programs.
ARTICLE
V
NURSING
PRACTICE
Sec.
27. Scope of Nursing. — A person
shall be deemed to be practicing nursing within the meaning of this Act
when he, for a fee, salary or other reward or compensation, singly or
in
collaboration with another, initiates and performs nursing services to
individuals, families and communities in various stages of development
towards the promotion of health, prevention of illness, restoration of
health, and alleviation of suffering through:
(a) Utilization
of the nursing process, including assessment, planning, implementation
and evaluation of nursing care. Nursing care includes, but not limited
to, traditional and innovative approaches in self-executing nursing
techniques
and procedures, comfort measures, health teaching and administration of
legal and written prescription for treatment therapies, medication and
hypodermic intramuscular or intravenous injections: Provided, however,
That, in the administration of intravenous injections, special training
shall be required according to protocol established; chan
robles
virtual law library(b) Establishment
of linkages with community resources and coordination of the health
team;(c) Motivation
of individuals, families and communities; resources and coordination of
services with other members of the health team; chanrobles virtuallaw libraryred
(d) Participation
in teaching, guidance and supervision of student in nursing education
programs,
including administering nursing services in varied settings such as
hospitals,
homes, communities and the like; undertaking consultation services; and
engaging in such other activities that require the utilization of
knowledge
and decision-making skill of a registered nurse; and
(e) Undertaking
nursing and health manpower development training and research and
soliciting
finances therefor, in cooperation with the appropriate government or
private
agency: Provided, however, That this provision shall not apply to
nursing
students who perform nursing functions under the direct supervision of
qualified faculty.
Sec.
28. Qualifications of Nursing
Service Administrator. — A person occupying supervisory or managerial
positions
requiring knowledge of nursing must:
(a) Be
a Filipino citizen or a former Filipino citizen who was has officially
declared his/her intention to reacquire Filipino citizenship; chanrobles virtuallaw libraryredchan
robles
virtual law library(b) Be
a registered nurse in the Philippines; (c) Be
a member in good standing of the accredited national organization of
nurses;
(d) Have
at least two (2) years experience in general nursing service
administration;
and
(e) Possess
a degree of Bachelor of Science in Nursing, with at least nine (9)
units
in management courses at the graduate level.
Provided,
That a person occupying the position of chief nurse or director of
nursing
service shall, in addition to the foregoing qualifications,
possess:
(a) At
least five (5) years of experience in a supervisory or managerial
position
in nursing; and chan
robles
virtual law library(b) A
master's degree major in nursing service administration or its
equivalent:
Provided however, That those occupying such position before the
effectivity
of this Act shall be given a period of five (5) years from the date of
effectivity of this Act within which to qualify: Provided, further,
That,
by the year 2000, only holders of a master's degree major in nursing
administration
shall be appointed to such position: Provided finally, That, for
hospitals
with bed capacity of fifty (50) and below, the minimum academic
qualifications
and experiences for a chief nurse shall be as specified under
subsections
(c), (d) and (e) of this section. ARTICLE
VI
HEALTH
HUMAN RESOURCE DEVELOPMENT, PRODUCTION AND UTILIZATION
Sec.
29. Studies for Nursing Manpower
Needs, Production, Utilization and Development. — The Nursing Board
shall
undertake studies and initiate and/or cooperate with appropriate
government
or private agencies in the conduct of studies for health human resource
production, utilization and development.chan
robles virtual law library
ARTICLE
VII
PENAL
AND MISCELLANEOUS PROVISIONS
Sec.
30. Prohibitions in the Practice
of Nursing. — A fine of not less than Ten thousand pesos (P10,000.00)
nor
more than Forty thousand pesos (P40,000.00) or imprisonment of not less
than one (1) year nor more than six (6) years, or both, in 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 or without having been declared exempt
from
examination in accordance with the provisions of this Act; chan
robles
virtual law library(2) Who
uses as his/her own the certificate or registration of another; chanrobles virtuallaw libraryred(3) Who
uses an expired, suspended or revoked certificate of registration;
(4) Who
gives any false evidence to the Board of Nursing in order to obtain a
certificate
of registration;
(5) Who
falsely poses or advertises as a registered nurse or uses any other
means
that tend to convey the impression that he or she is a registered
nurse;
or chanrobles virtuallaw libraryred
(6) Who
appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse)
to
his/her name without having been conferred said degree or
registration;
(b) Any
person who undertakes in-service educational programs or who conducts
review
classes for both local and foreign examinations without
permit/clearance
from the Philippine Nursing Association, the Board of Nursing and the
appropriate
office or officer of the Department of Labor and Employment; and chan
robles
virtual law library(c) Any
person violating any provision of this Act.chanrobles virtuallaw libraryred
Sec.
31. Standard Basic Pay. — Based
on current National Economic and Development Authority (NEDA) figures,
the proper government office or agency shall fix a standard pay for all
nurses working in either public or private health agencies. The same
standard
basic pay shall be increased periodically to cope with the increase in
cost of living.chanrobles virtual law library
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Sec.
32. Enforcement of this Act.
— It shall be the duty of all duly constituted law-enforcement agencies
and officers of national, provincial, city or municipal governments to
enforce the provisions of this Act and to prosecute any person
violating
the same.
Sec.
33. Repealing Clause. — All laws,
decrees, orders, circulars, rules and regulations, and other issuances
which are inconsistent with this Act are hereby repealed, amended or
modified
accordingly.chanrobles virtual law library
Sec.
34. Separability Clause. — If
any part of this Act is declared unconstitutional, the remaining parts
not affected thereby shall continue to be valid and operational. chanrobles virtuallaw libraryred
Sec.
35. Effectivity. — This Act shall
take effect one (1) month after its publication in any newspaper of
general
circulation in the Philippines. chanrobles virtuallaw libraryred
Approved:
November 21, 1991
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