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2
1SEVENTEENTH CONGRESS OF THE )
2 REPUBLIC OF THE PHIILIPPINES )
3First Regular Session
)
4
5
HOUSE OF REPRESENTATIVES
6
7
H. No. 2602
8
9______________________________________________________________________________
10
11
Introduced by Representative Vilma Santos-Recto
12
6th District of Batangas
13______________________________________________________________________________
AN ACT
INSTITUTING REFORMS TO FURTHER PROTECT AND DEVELOP THE NURSING
PROFESSION, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBER 9173,
OTHERWISE KNOWN AS THE PHILIPPINE NURSING ACT OF 2002
14
15
Explanatory Note
16
17
Nursing is one of the top career choices of Filipinos. Enrolment in the course has
18ballooned from 30,000 in 2010 to about half a million at present, 1 producing 200,000 nursing
19graduates every year2. The number of schools offering nursing courses also grew from just 40 in
201970 to 490 at present. The rising enrolment mirrors the rising demand for the services of
21professional nurses in the Philippines and in other countries. A good number of Filipino doctors
22also took nursing courses to get advantage of the increasing demand for nurses overseas.
23
24
However, despite the large pool of nursing graduates, many nursing positions in public
25and private health facilities in the country remain unfilled due to many factors, including among
26others, the low compensation and generally poorer working environment in the country. There is
27a wide disparity between earnings in local nursing positions against foreign employment. The
28amount that nurses can earn overseas is about ten times more than what they can earn locally.
29Thus, Filipino nurses instead of working in the country still prefer to seek employment abroad.
30
31
The Philippine Overseas Employment Administration (POEA) reported that in 2007,
32nurse deployment at 12,263 was already double that of 6,410 nurse deployment in 2000. The
33number of newly-hired nurses going abroad continued to increase from 13,004 in 2009 to 19,815
34in 2014, at an average growth rate of 10.5% per year.3 The top ten destination countries in the
35last ten years were Saudi Arabia; Singapore; United Arab Emirates; Libya; Kuwait; United
36Kingdom; Qatar; Taiwan; Oman; and Bahrain.4
37
38
The problem is further aggravated by some abusive practices preying on our nursing
39graduates. In the recent past, many of our nursing graduates were subjected to pay training fees
40and were forced to volunteer by hospitals in exchange for the necessary experience that they
41need for employment here and abroad. The hospital experience has become a mandatory
42prerequisite for employers because of the reputation of most nursing schools in the country and
43the quality of education that they offer.
31 http://www.ched.gov.ph/chedwww/index.php/eng/Information/Statistics.
42 http://nursingcrib.com/news-blog/the-philippines-produces-200000-nursing-graduates-yearly/
53 http://www.poea.gov.ph/ofwstat/compendium/2014.pdf.
64http://www.poea.gov.ph/stats/2010%20Deployment%20by%20Occupation,%20Destination%20and%20Sex%202010%20-%20New
7%20hires.pdf
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This reality made local employment unattractive for our nurses resulting to the difficulty
2in realizing the ideal nurse to patient ratio of 1:4 per shift in our country. For instance, the
3Philippine General Hospital has a nurse to patient ratio of 1:15-26 per shift while Davao del Sur
4has a province-wide ratio of 1:44-45 per shift.5
5
6
This bill intends to address the abovementioned challenges facing the nursing profession
7in the Philippines by amending Republic Act (R.A.) No. 9173 or the Philippine Nursing Act
82002. It aims to make the law more responsive in addressing the developments in the nursing
9profession which were not yet present when it was enacted more than a decade ago.
10
11
This bill will institute necessary reforms to further develop the nursing profession,
12increase protection for nursing professionals and raise the standard of nursing education in the
13country. It proposes to restructure the scope and practice of nursing by including specific
14mandates on certification, specialization and educational requirements of nursing graduates; to
15expand the powers of the Board of Nursing by strengthening its role in decision-making
16processes; to strengthen the nursing professionals including the faculty and administration of
17nursing schools; to upgrade the standards in nursing education, practice and guidelines for
18nursing career progression; and, to provide a better environment for nursing practice.
19
20
These reforms envision to enhance the protection and welfare of Filipino nurses to make
21them responsive to the needs of their patients and the public and private health systems, may it
22be in-country or overseas.
23
24
In view of the foregoing, approval of this Bill is earnestly sought.
25
26
27
28
VILMA SANTOS-RECTO
//mksbc
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AN ACT
INSTITUTING REFORMS TO FURTHER PROTECT AND DEVELOP THE NURSING
PROFESSION, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBER 9173,
OTHERWISE KNOWN AS THE PHILIPPINE NURSING ACT OF 2002
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
3
SECTION 1. Short Title. This Act shall be known as the Philippine Nursing Practice
SEC. 2. Article II of Republic Act No. 9173 is hereby amended to read as follows:
ARTICLE II
SEC. 2.
10
11
HEALTH
12
13
RECOGNIZES
14
DEVELOPMENT
15
16
assumeS
[and]
17
18
19
working conditions, better career prospects, and a dignified existence for [our]
20
21
The State hereby guarantees the delivery of quality basic health services
22
23
SERVICES
THROUGH
NURSES
AND
responsibility
for
AS
PRIME
AN
MOVERS
CONTRIBUTORS
the
ADEQUATE
protection,
TO
OF
NURSING
NATIONAL
INTERNATIONAL
improvement
AND
24Section 3 under Article III and succeeding Sections are hereby renumbered accordingly, to read
25as follows:
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4
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practicing nursing within the meaning of this Act when [he/she] THE PERSON singly or
setting. It includes, but not limited to, nursing care during conception, labor, delivery,
infancy, childhood, toddler, preschool, school age, adolescence, adulthood and old age.
[As independent practitioners,] Nurses are primarily responsible for the promotion of
10
health and prevention of illness. As members of the health team, nurses shall collaborate
11
with other health care providers for the PROMOTIVE, PREVENTIVE, curative,
12
13
14
15
16
(a)
IN
17
BASIC nursing care includes, but not limited to, traditional and innovative
18
19
20
21
22
during labor in the absence of antenatal bleeding and delivery[. In case of]
23
24
25
(B)
26
27
28
29
30
31
32
33
34
TO MAINTAIN, ATTAIN,
35
36
2
3
RESTORE AND
SUSTAIN
[d](E)XXX; and
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training and research, which shall include, but not limited to, the
Provided, That this section shall not apply to nursing students who
Provided, further, That in the practice of nursing in all settings, the nurse is [duty-
bound] MANDATED to observe the Code of Ethics for Nurses and uphold the
10
11
12
OF Nursing [organization]: Provided, finally, That the program and activity for
13
the
14
15
SEC. 4. Article III of the same Act is hereby amended to become Article IV to read as
[continuing]
CONTINUAL
PROFESSIONAL
[education]
16follows:
17
ARTICLE [III] IV
18
19
20
21
22
appointed by the President of the Republic of the Philippines from among two (2)
23
24
hereinafter referred to as the Commission, chosen and ranked from a list of three
25
26
the Philippines who possess the qualifications prescribed in SEC. [4] 5 of this
27
Act.
28
29
The Chairperson and Members of the Board shall, at the time of their
30
31
(a)
32
33
(b)
XXX;
34
(c)
35
36
37
2
3
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(D)
[e](F) [Not have been convicted of any offense involving moral turpitude]
10
11
Provided, That the membership to the Board shall represent the three (3)
12
13
health nursing.
14
15
16
17
18
19
20
21
(a)
22
23
24
25
26
27
28
OF
29
30
(b)
THE
PNLE
IS
ENCOURAGED
TO
ENHANCE
31
32
33
MEDIA;
34
(c)
35
36
37
38
2
3
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(d)
AND
INSTITUTIONS
with and maintained at all times. The authority to open and close
MONITORING
of
(HEI)
nursing
HIGHER
OFFERING
and/or]
EDUCATION
nursing
nursing
[education]
10
[colleges
education
programs
11
12
13
AND FAVORABLE
14
(e)
XXX;
15
(f)
16
17
18
19
(g)
20
21
22
FOR
23
24
(H)
THE
CONTINUING
PROFESSIONAL
25
26
27
28
29
PRACTICE,
EDUCATION,
30
MANAGEMENT;
31
(3) ACCREDITING
32
ADVANCED
33
ESTABLISHED MECHANISMS;
34
35
SPECIALTY
NURSING
(4) CREDENTIALING
RESEARCH
AND
PROGRAMS
AND
PROGRAMS
INDIVIDUAL
BASED
ON
REGISTERED
36
37
2
3
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(I)
NURSES WELFARE;
(J)
RESOURCES
INCLUDING
AND
HUMAN
SANCTITY
RESOURCE,
10
CONFIDENTIALITY
OF
THEIR
11
12
13
14
[h](K) XXX.
15
16
17
18
ARTICLE [IV] V
19
20
21
22
examination, which shall be given by the Board in such places and dates as may be
23
24
Republic Act No. 8981, otherwise known as the PRC Modernization Act of
25
2000.
26
27
28
29
GRADUATION OF THE applicant AND must [at the time of filing his/her]
30
31
(a) XXX;
32
(b) XXX;
33
34
35
36
37
SEC. [14] 15. Scope of Examination. The scope of the examination for
38
the practice of nursing in the Philippines shall be determined by the Board [. The
2
3
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COMPETENCIES
REQUIRED
PRACTITIONERS
curriculum[, the broad areas of nursing, and other related disciplines and
OF
BEGINNING
NURSE
10
must obtain a general average of at least seventy-five percent (75%) with a rating
11
of not below [sixty percent (60%)] SEVENTY PERCENT (70%) in any subject.
12
13
higher but gets a rating below [sixty percent (60%)] SEVENTY PERCENT
14
(70%) in any subject must take the examination again but only in the subject or
15
subjects where [he/she] THE EXAMINEE is rated below [sixty percent (60%)]
16
17
examinee must obtain a rating of at least seventy-five percent (75%) in the subject
18
19
REPEAT
20
EXAMINATIONS.
THE
PNLE
WITH
MAXIMUM
OF
THREE
(3)
21
22
23
24
license as a nurse shall be issued to an applicant who passes the examination upon
25
26
license shall show the full name of the registrant, the serial number, the signature
27
of the Chairperson of the Commission and of the Members of the Board[,]. THE
28
29
30
31
Commission, bearing the date of registration, license number, and the date of
32
issuance and expiration thereof shall likewise be issued to every registrant upon
33
34
SEC. [18] 19. Fees for Examination and Registration. - Applicants for
35
licensure and for registration shall pay the prescribed fees set by THE
36
Commission.
37
SEC. [19] 20. Automatic Registration of Nurses. -All nurses whose names
38
appear at the roster of nurses shall [be automatically or] ipso facto BE registered
2
3
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as
nurses
AND
AS
MEMBERS
OF
THE
PRC
ACCREDITED
special/temporary permit may be issued [by the Board] to the following persons
10
(a) XXX;
11
12
13
and
14
15
16
17
18
19
20
ENGAGEMENT contract.
21
22
23
[23]
24.
Revocation
and
suspension
of
Certificate
of
24
25
XXX.
26
27
28
SEC. 6. Articles V and VI of the same Act are hereby amended to read as follows:
29
ARTICLE [V] VI
30
Nursing Education
31
32
33
34
35
36
37
38
2
3
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BACCALAUREATE
TEST (NNAT).
nursing education.
NURSING
PROGRAM
SHALL
10
11
12
13
NURSE
14
LEADERSHIP
15
16
17
18
GRADUATE
19
20
THREE
21
22
AND GUIDELINES.
23
24
25
26
TOWARDS
(3)
PRACTICE,
RESEARCH
AND
AND
POST-GRADUATE
ACCREDITED
HIGHER
NURSING
EDUCATION
[(b)] 1.B.
[(c)
31
32
AND
29
30
EXPERTISE
27
28
IN
MASTERY,
[(d)] 1.C.
33
34
35
36
UNDERGO
TEACHER
37
NURSING
EDUCATION
38
2
3
1.D.
TRAINING
PRIOR
FOR
TO
Page 9 of 19
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1.E.
UNDERGO
CLINICAL
SKILLS
COMPETENCY
ENHANCEMENT
EVERY
must have a masters degree in nursing. He/She must have at least five (5)
8
9
FACULTY
TEACHING
GRADUATE
10
11
12
13
14
15
HEALTH
16
COLLEGE
17
18
19
PROVIDED,
20
21
GRADUATE
22
23
24
QUALIFICATION
25
FACULTY
26
27
SCIENCES
OR
CONFERRED
BY
UNIVERSITY
THAT
HIGHER
NURSING
DULY
EDUCATION
EDUCATION
REQUIREMENTS
MEMBERS
OF
FROM
THE
28
29
30
31
32
33
34
EDUCATION
35
EXPERIENCE
36
MANAGEMENT
37
INSTITUTION;
2
3
PROGRAM
OR
IN
THREE
ANY
MANAGEMENT
(3)
YEARS
OF
HEALTH-RELATED
Page 10 of 19
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BOARD.
10
[ARTICLE VI]
11
[Nursing Practice]
12
13
14
15
16
17
18
BOARD
19
PROVISION
20
OF
NURSING.
OF
NURSING
SPECIALIZED,
SERVICE
EXPANDED
INCLUDES
AND
THE
ADVANCED
21
22
23
TO AN
24
25
26
ASSESS,
27
28
FROM RESEARCH.
29
30
INDIVIDUAL,
PLAN,
FAMILY OR
IMPLEMENT
AND
GROUP THAT IS
EVALUATE
CARE
31
32
33
34
35
36
37
38
2
3
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ACQUIRED
EXPERT
DECISION-MAKING
BASED
ADVANCED
SUBSTANTIAL
SPECIALTY
PROFICIENT
ON
KNOWLEDGE
BASE,
SKILLS
EVIDENCE
OF
THEORETICAL
AREA
AND
DERIVED
PRACTICE
OF
CLINICAL
COMPLEX
CLINICAL
FROM
RESEARCH.
NURSING
REQUIRES
KNOWLEDGE
NURSING
IN
THE
PRACTICE
UTILIZATION
NURSING
OF
AND
THIS
10
INTERDEPENDENT
11
12
CATEGORIES:
13
DISEASE/PATHOLOGY,
14
15
16
17
18
19
20
21
PRACTICE.
22
23
24
25
PRACTITIONER:
ACCORDING
INTERVENTIONS.
TO
SYSTEMS,
AGE,
FUNCTIONS,
SEX,
ACUITY,
26
27
28
29
30
(3)
31
32
33
[SEC.
29]
(C)
[Qualification
of
a]
NURSING
SERVICE
34
35
36
37
38
2
3
1
1
service administration;]
UNIT,
STRUCTURE
AND
OTHER
HUMAN
10
11
12
13
CARE
14
15
16
17
18
19
OF
THE
SERVICE
FINANCIAL,
20
21
22
THE
23
PRACTITIONER:
REQUIREMENTS
MANAGER
OF
MUST
LOGISTIC,
HAVE
BEGINNING
THE
NURSE
24
25
26
27
28
29
30
31
NURSING,
COMPLETED
32
REQUIREMENTS
33
34
35
AND
36
EXPERIENCE;
TWO
(2)
IN
ALL
MASTER
YEARS
OF
ACADEMIC
OF
ARTS
IN
MANAGEMENT
37
38
2
3
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HEALTH
MANAGEMENT-RELATED
SCIENCES
EXPERIENCE; AND
NURSING ORGANIZATIONS:
10
possess:
11
12
13
14
15
16
subsections (a), (b) and (c) of this section: Provided furthermore, That for
17
chief nurses in the public health nursing shall be given priority. Provided,
18
even further, That for chief nurses in military hospitals, priority to those
19
who have finished a masters degree in nursing and the completion of the
20
General Staff Course (GSC): Provided finally, That those occupying such
21
positions before the effectivity of this Act shall be given a period of five
22
23
24
25
26
27
HEALTH
28
29
FACILITIES,
FOR
TOP
LEVEL
MANAGERIAL
30
31
32
33
HEALTH:
34
(A)
35
36
2
3
(B)
37
38
(C)
1
1
SEC. [26] 29. Requirement for Inactive Nurses Returning to Practice. Nurses
INACTIVE WHEN:
(A)
(B)
9
10
(C)
11
12
13
training and three (3) months of practicum. ONLY the Board shall accredit
14
15
program.
16
SEC. 7. Article VII of the same Act is hereby amended to read as follows:
17
ARTICLE VII
18
19
20
21
22
professional
23
24
25
and development.
26
EFFECTIVE
27
28
29
30
organization]
SEC. 31.
RELEVANT
NURSING
AND
OTHER
IMPLEMENTATION
[Comprehensive]
OF
HRH
NATIONAL
DEVELOPMENT
Nursing
[Specialty]
31
32
33
34
35
36
37
Within ninety (90) days from the effectivity of this Act, the Board, in
38
2
3
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develop a comprehensive nursing specialty program that would upgrade the level
of skill and competence of specialty nurse clinicians in the country, such as but
not limited to the areas of critical care, oncology, renal and such other areas as
10
11
12
13
RELEVANT
14
ORGANIZATION:
15
16
BE
17
COORDINATION
18
ORGANIZATION.
19
20
AND
ACCREDITED
PROVIDED,
RECOGNIZED
AND
NURSING
FURTHER,
CERTIFIED
WITH
THE
BY
SPECIALTY
THAT
THE
ACCREDITED
NURSING
BOARD,
IN
PROFESSIONAL
21
22
23
pay of nurses working in the public AND PRIVATE health and HEALTH-
24
25
26
SHALL not be lower than salary grade 15 [prescribed under Republic Act No.
27
28
FOLLOWING
29
30
31
32
PUBLIC
33
INSTITUTIONS
34
REMUNERATION.
35
36
37
38
2
3
THE
AND
PROVISIONS
PRIVATE
SHALL
HEALTH
BE
OF
AND
ENTITLED
GOVERNMENT
AND
THE
SALARY
HEALTH-RELATED
TO
ADDITIONAL
NON-GOVERNMENT
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PROGRESSION
PROGRAM
CLIENTELE
EXPERT NURSES.
AND
(NNCPP).
PATIENTS
IN ADDITION,
WITHIN
THE
NURSING
PROVISIONS
OF
at least ten percent (10%) of the nursing staff of the participating government
10
hospital]
11
12
13
IMPLEMENT
(A)
THE
NNCPP
IN
THE
TRAINING
OF
14
15
16
(B)
17
18
19
20
21
shall set the criteria for the availment of this program; AND
22
(C)
23
24
25
26
27
28
29
30
incentiveS and benefitS [system in the form of free hospital care for nurses and
31
their dependents, scholarship grants and other non-cash benefits. The government
32
and private hospitals are hereby mandated to maintain the standard nurse-patient
33
34
35
SEC. 8. Article VIII of the same Act is hereby amended to read as follows:
36
ARTICLE VIII
37
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3
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SEC. 35. Prohibitions in the Practice of Nursing. A fine of not less than
not less than one (1) year nor more than six (6) years, or both, upon the discretion
OF OFFENSES:
(A)
10
(B)
11
(C)
12
13
14
AND
(D)
OTHER OFFENSES.
[(a) any person practicing nursing in the Philippines within the meaning of this Act:]
15
16
17
18
Act; or]
19
20
21
22
23
24
[(4) who gives any false evidence to the Board in order to obtain a certificate of
25
26
permit; or
27
[(5) who falsely poses or advertises as a registered and licensed nurse or uses any
28
other means that tend to convey the impression that he/she is a registered and
29
30
31
or any similar appendage to his/her name without having been conferred said
32
33
34
[(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.]
35
[(b) any person or the chief executive officer of a judicial entity who undertakes in-
36
service educational programs or who conducts review classes for both local and
37
38
Commission; or]
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3
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[(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
[(d) any person or the chief executive officer of a juridical entity violating any
5
6
7effectivity of this Act, the Board and the Commission, in coordination with the accredited
8professional organization, the Department of Health, the Department of Budget and Management
9and other government agencies concerned, shall formulate rules and regulations necessary to
10carry out the provisions of this Act. The implementing rules and regulations shall be published in
11the Official Gazette or newspaper of general circulation.
12
SEC. 10. Separability Clause. - If, for any reason, any provision of this Act or any part
13thereof shall be held unconstitutional and invalid, the other parts or provisions of this Act, which
14are not affected thereby, shall remain in full force and effect.
15
SEC. 11. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
16thereof inconsistent with any of the provisions of this Act are hereby repealed, amended or
17modified accordingly.
18
SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
19publication in at least two (2) newspapers of general circulation or in the Official Gazette.
20
Approved,
21
22
23
24
25
26//mksbc
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