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    THE LEGAL BASIS OF NURSING

    PRACTICE

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    A. Areas of ConcernGovernment-

    Health

    Responsibilities

    Before Martial Law After Martial Law

    A) GovernmentHealth

    Responsibility

    Revised Administration Code Section938

    New Constitution, Section 7 Article III

    The Bureau of health is changed with

    the protection of the people of the

    Philippine and maintenance ofsanitary 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 wastedisposal

    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

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    1. Philippine Med. Care Actof 1969 (RA6111) (Phil.Health)

    The government declares itspolicy to gradually providestotal medical service forpeople by adopting andimplementing a

    comprehensive andcoordinative medical careprogram

    Presidential Decree No. 408

    - Providing for adinterimMedicare Coverage forGovernment Retirees

    2. Philippine Med. Care Act

    of 1958 (RA 2363)

    The government regulated

    med. Practice and educationin the country. Supervisioncontrol and regulation ofmedicine area madethrough provisionsdetermining the

    qualifications of thoseengaging in the practice ofmedicine and surgery, andregulating the manner andcircumstances in which aspecified field of practice

    shall be performed.

    P.D. 1519New Medicare

    Law

    -Which covers Phase II orPlan II providing, MedicareServices to self-employed

    and all other not covered inPhase I Low cost medicalservices only forgovernment employee anddependents 18 years andbelow 60 and above

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    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, classifyingpatients 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

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    5. Rural Health CA 701 and 707

    - Establishment of charity clinic,maternity clinics and puericulturecenters

    CA 704 amended by RA 185 and

    RA 1082- An act to establish municipalitydistricts having a population ofnot more than 8,000 inhabitants

    Integrated Reorganization

    Plan (PD I)- The Department of Healthshall extend maximumhealth service to the ruralareas

    RA1082 amended by 1891Medical and Dental

    - An act strengthening health anddental services in the rural areasand providing funds thereof andcreation of rural health units inmunicipalities based on a more

    equitable and scientificdistribution on the ratio ofpersonnel to population

    P.D. 568-legal basis of funding ofM.O.H. or D.O.H. project slike family planning,R.H.C.D.S. ect

    RA 3200

    - An act of facilitate theestablishment and operation of

    the puericulture institutionsorganized in the Philippine Islands

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    6. Private Section

    - Responsibility forGovernmentPrivate

    Sector Coordination

    Hospital Licensure Act RA4226

    - An act requiring thelicensure of all hospitals

    in the Philippines.Requiring constructionpermits and approval ofplans

    Department Circular No.143, Section 1972

    - Enjoining allconsultants and

    specialists in traininghospitals under theDepartment of Health toperipheral hospitals

    RA 124 (amended by RA

    951)-providing for themedical care of Laborersin private concerns andemployers provision of

    medical treatment

    Department of Circular

    No. 144, Section 1972103:

    - Enjoining alldepartment of healthhospital to make their

    ambulances available toprivate and othergovernment hospitals toproper coordination andcooperation

    B S ifi d A f C

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    B. Specified Areas of Concern1. Population Control New Constitution, Section 10,

    Article II

    - It shall be the responsibility ofthe states to achieve andmaintain population growthlevels most conductive tonational welfare

    Presidential Decree No. 79

    - Declares that family planningis a national program but to beimplemented with due respectto individual and religiousbeliefs, Revised by PD 166

    *Letter of instruction No. 47

    -promotion of Family Welfare

    *Letter of Instruction No. 47A

    - Dissemination of Informationon Family Planning

    *Presidential Decree No. 568

    - Appropriate Funds for thePhilippine population Projectand creating the projectManagement Staff

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    2. Environmental Sanitation *G.O, 13

    -(Pollution and Sanitation) General Order Callingupon every resident and citizens of the Philippineto keep his environment or surroundingclean/wholesome and prohibiting the throwing ofgarbage 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/ordistribution of contraceptives, grups devices

    G.O. 18 (Govt Order)

    - To promote the concepts of family planning andresponsible parenthood

    - Enjoining all citizens of the Phil. Universities,colleges/school/government/officers/Mass MediaCivil Voluntary Organizations ect. To promoteconcept of family welfare, Responsible Parenthoodand Family Planning

    LO I 47

    - Directing MECS to in form all Schools ofMedicine/Nursing/Midwifery/Allied Medical

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    Under environmentalsanitation

    Population/EnvironmentalSanitation

    3. Youth and

    Children/Women/Working(laboring) Filipino

    RA 3931

    -The National Water and AirPollution Control Commission

    was given the task ofmaintaining reasonablestandard of purity for the waterand air of the country

    New Constitution, Section 5Article II

    - The state recognizes thevital role of the youth innation/building and shallpromote their physicalintellectual and Social well-being

    Presidential Decree No. 609

    -Prevention and control ofmarine Pollution

    P.D. 825

    -Law on Proper disposal ofGarbage

    P.D. 856

    -Code of sanitation. Integratedall the sanitary causes of theland

    P.D. 603

    -The Child and Youth Welfare

    Code, expresses the Rights ofChildren

    P.D. 148

    - Women/Child Labor Law

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    CA 701

    - Provided funds for thepromotion of maternity and childhealth

    P.D. 442

    - New Labor Code of the Philippines

    RA 731

    - Creation of National IndigentChildrens Hospital

    P.D. 633

    - Creating National Commission onrole of Filipino Women

    Act 3029 and RA 847

    - Medical inspection and dentalservices for public schoolchildren shall be undertaken bythe Department of Health

    P.D. 996

    - Authorizing compulsoryimmunization of children below 8years of age

    Act No. 2116 (amended by act2246)

    - An act calling for theinvestigation of cause of infantmortality in the Philippines

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    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

    5. Food and Drugs Executive Order No. Section1936

    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 similarsubstances

    Narcotics Drugs Law RA 953

    Declares certain drugs as habit

    forming

    Letter of Instruction No. 213

    - Directing that the sale of drugs and

    medicine by pharmaceutical

    manufacturers/importers/prices therefore

    changed to distributors/ wholesalersDangerous Drugs

    Act of 1972 (RA

    6425)

    Seek to protect the population

    from drug abuse by regulating

    the use of dangerous drugs

    P.D. 44amending certain sections of

    R.A. 6425, known as Dangerous Drugs

    Act of 1972 aimed at prevention/control of

    drug dependency

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    Creates the Dangerous Drugs Board

    RA 3720- Environmental SanitationAnact to ensure the safety and purity of foodsdrugs, and cosmetic being made availableto the public by creating the Food and DrugAdministration

    Act of 1972 aimed atprevention/control of drugdependency

    6. Manpower Philippine Medical Technology Act of 1969

    - Midwives and Nurses practicing midwiferyare not allowed to perform obstetricaloperations

    Presidential Directive

    - Utilization of under boarddoctors and nurses bygovernment health facilitiesparticularly in rural areas

    R.A. 2644- Nurse-Midwifery practice law/registrationfee of P 115.00

    Department of Health Directive- Training and use of healthauxiliary personnel (orparamedics) and midwives toserve in rural health units

    R.A. 2382

    - Philippine Medical Act of defining newpractice 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

    f l d l

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    7. Information VitalStatistics (B/D Registration

    Presidential Decree No. 650

    - requiring the taking of anintegrated census ofpopulation and economicactivities in May 1975 andfor other purposes and

    thereafter

    P.D. No. 651

    - Requiring the registrationof births and breaths in thePhilippine which occurred

    from January 1, 1974 andthereafter

    8. Radiation P.D. No. 480

    - Creating the RadiationHealth Office in the Ministry

    of Health to supervise useof radiation in hospitals,etc.

    9 I d i l R A 1054 P D N 626

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    9. Industrial orOccupational health

    R.A. 1054

    - Designating the districthealth officers, city healthofficers and sanitary engineersof the Department of Health toregulate the planning and

    construction of water supplies

    P.D. No. 626

    -Authorizing Employees CompensationCommission (D. O.L.E.) to fund medicarefor employees sick or suffering from workconnected diseases (compensablediseases)

    P.D. No. 522

    - Prescribing sanitation requirements forthe operation of establishments andfacilities for the protection andconvenience of the traveling public,foreign and local tourist

    10. Specific Diseases Act No. 3573, section 1025

    - Revised Administrative AnAct to prevent and suppressdangerous communicablediseases

    R.A. 3753 Letter of Instruction No. Code247

    - Deputizing the constabulary patrol groupto enforce the provision of PD 522prescribing sanitation requirements forestablishment catering to the travelingpublic

    CA 39B ,RA 1367

    -An act creating the CancerInstitute, providing funds forleprosy, research and

    P.D. No. 673

    - Creating the Philippine Heart Center forAsia

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    L O I 949

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    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 NursingPractice and Other Related

    Laws

    R.A. An Act amending R.A. 465standardizing examination fees

    changed by the Board of

    Examiners of the P.R.C.

    (Professional Regulations

    Commission)

    NOTE: the student is advised

    to continue listing other laws as

    the case may be

    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

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    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

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    ARTICLE I - Title

    Section 1. Title

    - This Act shall be known as thePhilippine Nursing Act of 2002

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    ARTICLE II - DECLARATION OFPOLICY

    - The State hereby guarantees thedelivery of quality basic healthservices through as adequate nursing

    personnel system throughout thecountry

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    ARTICLE III -ORGANIZATION OF THE

    BOARD OF NURSING

    Section 3 Declaration and Composition of theBoard

    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, pervacancy, of the accredited professional organization of

    nurses in the Philippines

    S ti 4 Q lifi ti f th Ch i d

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    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 accreditedprofessional organization of nurses

    c. Be a registered nurse and holder of a masters degreein nursing, education or other allied medicalprofession conferred by a college or university duly

    recognized by the Government. That the majority ofthe Members of the Board shall be holders of amasters degree in nursing. Provided, further,thatthe Chairperson shall be a holder of a mastersdegree in nursing

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    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 communityhealth nursing

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    Section 5 Requirements Upon Qualification as

    Member of the Board

    - The Chairperson or Member of the Boardshall immediately resign from anyteaching position in institution offering

    BSN and/or review program for the localnursing board examinations or in anyoffice or employment in the government

    as well in the private sector.

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    Section 5 Requirements Upon Qualification

    as Member of the Board

    - He/she shall not have any pecuniaryinterest in administrative supervisionover any institution offering Bachelor

    Science in Nursing including reviewclasses

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    Section 6 Term of Office

    - Shall hold office for a term of threeyears 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 befilled for the unexpired position of theterm only.

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    Section 6 Term of Office

    - Each Member of the Board shall takethe proper oath of office prior to theperformance of his/her duties

    - The incumbent Chairperson andMember of the Board shall continueto serve for the remainder of their

    term under Republic Act No. 7164until their replacements have beenappointed by the President and shallhave duly qualified

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    Section 8

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    Section 8.

    Administrative Supervision of the Board,

    Custodian of its Records,

    Secretariat and Support Service- The Board shall be under the

    administrative supervision of theCommission

    - All records of the Board shall beunder the shall be under the custody

    of the commission- The Commission shall designate the

    Secretary of the Board

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    Section 9.

    Powers and Duties of the Board- The authority to open and close colleges of

    nursing and/or nursing education programsshall be vested on the CHED upon the writtenrecommendation of the Board

    e. Conduct hearings and investigations complaintsagainst nurse practitioners for unethical andunprofessional conduct and violations of this Act

    -Issue subpoena ad testificandum and subpoenaduces tecum

    - Punish persons interfering with the conduct ofsuch proceedings

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    Section 9.

    Powers and Duties of the Board

    f. Promulgate a Code of Ethics within oneyear from the effectivity of this Act

    g. Recognize nursing specialty organizations

    in coordination with the accreditedprofessional organization

    h. prescribe, adopt, issue and promulgate

    guidelines, regulations, measures anddecision as may be necessary for theimprovement of the nursing practice,advancement of the profession and for the

    proper and full enforcement of this Act

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    Section 10.

    Annual Report

    - The Board shall submit anannual report to the President ofthe Philippines through theCommission giving a detailed

    account of its proceedings andthe accomplishments during theyear and makingrecommendations for the

    adoption of measures that willupgrade and improved theconditions affecting the practice

    of the nursing profession

    Section 11 Removal and

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    Section 11. Removal and

    Suspension of Board Members

    The President may remove or suspend anymember of the Board after having bengiven the opportunity to defendhimself/herself in a proper administrative

    investigation, on the ff grounds:a. Continued neglect of duty on

    incompetence

    b. Commission or toleration of irregularitiesin the licensure examination

    c. Unprofessional, immoral or dishonorableconduct

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    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 suchplaces and dates as may be designated by theCommission; provided, that it shall be inaccordance with Republic Act No. 8981,otherwise known as the PRC Modernization

    Act of 2000

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    Section 13 Qualifications for Admission to

    the Licensure Examination

    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

    C. 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

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    Section 14 Scope of

    Examination- The scope is determined by the

    Board. The Board shall take intoconsideration the objectives of the

    nursing curriculum, the board areasof nursing, and other relateddisciplines and competencies in

    determining the subjects ofexaminations

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    Section 15 Rating

    - In order to pass the examination, an examineemust 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 of75% or higher but gets a rating below 60% inany subject or subjects where he/she is ratedbelow 60%.

    - In order to pass the succeeding examination, anexaminee must obtain a rating of at least 75%in the subject or subjects repeated

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    Section 16 Oath

    - All successful candidates in theexaminations shall be required totake an oath of professional before

    the Board or any government officialauthorized to administer oaths priorto entering upon the nursing practice

    S ti 17 I f C tifi t f

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    Section 17 Issuance of Certificate of

    Registration/Professional License and Professional

    Identification Card

    - A certificate of registration/professionallicense as a nurse shall be issued to anapplicant who passes the examinationupon 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 theCommission and of the Members of theBoard

    d. the official seal of the Commission

    Section 19 Automatic

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    Section 19 Automatic

    Registration of Nurses

    - All nurses whose names

    appear at the roster ofnurses shall be

    automatically or ipso factoregistered as nurses under

    this Act upon its effectivity

    S ti 18 F f

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    Section 18 Fees for

    Examination and Registration

    - Applicants for licensure and

    registration shall pay the prescribed

    fees set by the Commission

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    Section 20 Registration

    by Reciprocity- A certificate of registration/professional license maybe 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

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    Section 21 Practice through Special/Temporary Permit

    - A special/temporary permit may be issued by the Board to thefollowing persons subject to the approval of the Commissionand upon payment of the prescribed fees

    a. Licensed nurses from foreign countries/state whose serviceare either for a fee or free if they are internationally well-known specialists or outstanding experts in any branch orspecialty of nursing

    b. Licensed nurses from foreign courtiers/states on medicalmission whose services shall be free in a particular hospital,center or clinic

    c. Licensed nurses from foreign courtiers/states employed byschools/colleges of nursing as exchange professors in abranch or specialty of nursing

    - Provided, however that the special/temporary permit shall beeffective only for the duration of the project, medical mission

    or employment contract

    Section 22 Non registration and Non

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    Section 22 Non-registration and Non-

    issuance of Certificates of

    Registration/Professional License orSpecial/Temporary Permit

    - No person convicted by final judgement of any

    criminal offence involving moral turpitude or anyperson guilt of immoral or dishonorable conduct

    or any person declared by the court to be of

    unsound mind shall be registered and be issued acertificate of registration/professional license or a

    special/temporary permit

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    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 inobtaining a certificate of registration/professionallicense or a temporary/special permit

    f. For violation of this Act, the rules and regulations, Code

    of Ethics for nurses and technical standards fornursing practice, policies of the Board and theCommission, or the conditions and limitations for theissuance 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 aperiod not to exceed 4 years

    Section 24 Re issuance of

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    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 forrevocation 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

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    ARTICLE VNURSING EDUCATIONSection 25 Nursing Education Program

    - Provide general and professional foundation forthe practice of nursing

    -The learning experience shall adhere strictly tospecific requirements embodied in the precribedcurriculum as promulgated by the Commission on

    Higher Educations policies and standards ofnursing education

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    ARTICLE VI

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    NURSING PRACTICESection 28 Scope of Nursing

    - A person shall be deemed to be practicing nursing within themeaning of this Act

    a. When he/she singly or in collaboration with another, initiatesand performance nursing services to individuals, families andcommunities in any health care setting.

    b. It includes, but not limited to nursing care during conception,labor, delivery, infancy, childhood, toddler, pre-school, schoolage, adolescence, adulthood and old age.

    c. As independent practitioners, nurses are primarily responsible

    for the prevention of illnessd. As members of the health team, nurses shall collaborate with

    other health care providers for the curative, preventive, andrehabilitative aspects of suffering and when recovery is notpossible, towards a peaceful death

    Section 28 Scope of Nursing

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    Section 28 Scope of Nursing

    It shall be the duty of the nurse to:

    A. Provide nursing care through the utilization of the nursingprocess

    - 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 antenatalbleeding and delivery

    - In case of suturing of perineal laceration, special trainingshall be provided according to protocol established

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    Section 28 Scope of Nursing

    B. Establish linkages with community resources andcoordination with the health team

    C. Provide health education to individuals, families andcommunities

    D. Teach, guide and supervise students in nursingeducation programs including the administration ofnursing services in various settings such as hospitalsand clinics, undertake consultation services; engage insuch activities that require the utilization of knowledgeand decision making skills of a registered nurse

    E. Undertake nursing and health human resourcedevelopment training and research

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    Section 29 Qualifications ofNursing ServiceAdministrators

    a. Be a registered nurse in the Philippines

    b. Have at least 2 yrs experience in general

    nursing service administrationc. Possess a degree of BSN, with at least 9 units

    in management and administration courses at

    the graduate leveld. Be a member of a good standing accredited

    professional organization of nurses

    S ti 29 Q lifi ti f N i

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    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

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    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 shallbe given priority

    Chief Nurse of Military Hospitals-MAN and completion of the General Staff

    Course (GSC) shall be given a priority

    ARTICLE VII H l h H R

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    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

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    Section 32. Salary

    Nurses working in Public healthInstitutions

    - Not lower than Salary Grade 15 asprescribed under Republic Act No. 6758(Compensation and Classification Act of1989)

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

    Section 33.

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    Section 33.

    Funding for the Comprehensive

    Nursing Specialty Program

    - Annual financial requirement

    needed to train 10% of thenursing staff of participating

    government hospitals are

    chargeable against the income of

    the PCSO and PAGCOR

    S 33

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    Section 33. Incentive and

    Benefits

    Free hospital care for nurses

    and their dependents,

    scholarship grants and othernon-cash benefits

    Government and private

    hospitals are hereby mandatedto maintain the standard nurse-

    patient ratio set by the DOH

    Article VIII Penal and

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    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 yrnor more than 6 yrs, or both, upon

    the discretion of the court, shall be

    imposed upon:

    Section 35 Prohibition in the

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    Section 35. Prohibition in the

    Practice of Nursing

    A. Any person practicing nursing in the Philippineswithin the meaning of this Act:

    1. Without a certificate of registration/professionallicense and professional identification card or

    special temporary permit or without having beendeclared exempt from examination2. Who uses as his/her own certificates of

    registration/professional license and professionalidentification card or special temporary permit of

    another3. Who uses as invalid certificate ofregistration/professional license, a suspended orrevoked certificate of registration/professionallicense, or an expired or cancelledspecial/temporary permit

    Section 35 Prohibition in the

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    Section 35. Prohibition in the

    Practice of Nursing

    4. Who gives false evidence to the Board in orderto obtain a certificate of registration/professionallicense, a professional identification card or

    special permit5. Who falsely poses or advertises as a

    registered and licensed nurse or uses any othermeans that tend to convey the impression that

    he/she is a registered and licensed nurse6. Who appends BSN/RN or any similar

    appendage to his/her name without havingconferred said degree or registration

    Section 35 Prohibition in the

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    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

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    Section 35. Prohibition in the

    Practice of Nursing

    B. Any person or the chief executive officer

    of a juridical entity who undertakes in-

    service educational programs or whoconducts review classes for both local and

    foreign exams without permit or

    clearance from the Board and theCommission

    Section 35 Prohibition in the

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    Section 35. Prohibition in the

    Practice of Nursing

    C. Any person or employer of nurseswho violate the minimum base payof nurses and the incentives and

    benefits that should be accordedthem as specified in Section 32 and35

    D. Any person or the chief executiveofficer of a juridical entity violatingany provision of this Act and its rules

    and regulations

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    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 ofwhich shall be included in the Annual General

    Appropriations Act

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    Section 38 - Rules and Regulations

    - Within 90 days after the effectively of thisAct, the Board and the Commission incoordination with other accreditedprofessional organizations, DOH, DBM and

    other concerned government agencies,shall formulate such rules and regulationsnecessary to carry out the provisions ofthis Act

    - Implementing rules shall be published inthe Official Gazette or in any newspaper ofgeneral circulation

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    Section 39 SeparabilityClause- If any part of this Act is declared

    unconstitutional, the remaining

    parts not affected thereby shallcontinue to be valid and

    operational

    Section 40 Repealing

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    Section 40. RepealingClause

    - The Philippine Nursing Act of 1991

    (RA No. 7164) is hereby repealed

    - All other laws, decrees, orders,circulars, issuances, rules, andregulations and parts thereof which

    are inconsistent with this Act arehereby repealed, amended, ormodified accordingly

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    Section 41 - Effectivity

    - This act shall take effect 15 daysupon its publication in the OfficialGazetteor 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 ofRepresentatives and the Senate onOctober 15, 2003, respectively

    - Approved on Oct 21, 2002

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    THANK YOU VERY MUCHDean Jocelyn Guzman R.N., M.A.N Ed D