NURSING REGULATION

Nelia B. Perez RN MSNNortheastern CollegeSantiago CityPhilippines

POWERS, DUTIES NAD FUNCTIONS OF THE BOARD

• Sec 9, R.A. 8981

CONDUCT THE LICENSURE EXAMINATION FOR NURSES.

• Issue, suspend or revoke certificates of registration for the practice of nursing.

The basic requirements for the issuance of a professional certificate of registration for nursing are passing the licensure examination, taking an oath and payment of the prescribed fees.

• Sec 23, RA 9173

Initiated by PRC and BON after receipt of official complaint.

ADMINISTRATIVE ADMINISTRATIVE PROCEDURESPROCEDURES

1. docketing & calendar

2. pre-trial and depositions

3. reception of evidence

4. decision making

Art. III, Sec 1, 1987 Constitution• No person shall be deprived of life, liberty

or property without due process of law. • Standards of the Administrative Due

Process1. the right to notice, be it actual or

constructive, of the institution of proceedings that may affect a person’s legal right;

2. reasonable opportunity to appear and defend his / her right, introduce witnesses and relevant evidence in his / her favour;

3. A tribunal so constituted as to give him/her reasonable assurance of honesty and impartiality, and one of competent jurisdiction;

4. a finding or decision by that tribunal supported by substantial evidence presented at the end of the hearing, or at least contained in the records or disclosed to the parties affected.

Monitor and enforce quality standards of nursing practice in the Philippines and

exercise the power necessary to ensure the maintenance of efficient ethical and

technical, moral and professional standards in the practice of nursing raking into account

the health needs of the nation.

• R.A. 8981 Sec. 9b mandates the PRBONR.A. 8981 Sec. 9b mandates the PRBON• To monitor the conditions affecting the practice of the To monitor the conditions affecting the practice of the

profession or occupation; and (b) to adopt proper profession or occupation; and (b) to adopt proper measures for the enhancementmeasures for the enhancement

• PRC-BON Resolution No. 82, 1998 – Standards of Safe PRC-BON Resolution No. 82, 1998 – Standards of Safe Nursing PracticeNursing Practice

• PRC – BON Res. No. 112 s, 2005 – Competency Standards PRC – BON Res. No. 112 s, 2005 – Competency Standards for Nursing Practicefor Nursing Practice

• PRC – BON Res. No. 99-14 s. 1999 – Standards for PRC – BON Res. No. 99-14 s. 1999 – Standards for Specialty Certification ProgramSpecialty Certification Program

• ANSAP- Standards on Safe Nursing Practice on Internal ANSAP- Standards on Safe Nursing Practice on Internal Examination and Suturing of perineal LacerationsExamination and Suturing of perineal Lacerations

• PRC Board Resolution No. 8, s 1994 / ANSAP Standards – PRC Board Resolution No. 8, s 1994 / ANSAP Standards – Nursing Standards on Intravenous PracticeNursing Standards on Intravenous Practice

• PRC – BON Res no. 220, s. 2004 – Ethical Standards PRC – BON Res no. 220, s. 2004 – Ethical Standards

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 to ensure that standards of nursing education are

properly complied with an maintained at all times. The authority to open and close colleges of nursing and / nursing education programs shall be vested on the Commission on Higher Education (CHED) upon written recommendation

of the Board.

• R.A. No. 7722, The Higher Education Act of 1994

• Rule III, Sec 1, par b.2, Implementing Rules of RA No. 8981

Conduct hearings and investigation to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act, or its rules and regulations and in connection therewith, issue subpoena ad testificandum and subpoena duces tecum to secure the appearance of respondents and witnesses and the production of documents and punish with contempt persons obstructing, impeding and / or otherwise interfering with the conduct of such proceedings, upon application with the court.

• R.A. No, 9173 – PRC – BON rules and regulations pursuant thereto after due proceedings that a nurse can be administratively charged and held liable for unethical and unprofessional conduct and for any violation.

Promulgate a Code of Ethics in Promulgate a Code of Ethics in coordination and consultation coordination and consultation

with the accredited with the accredited professional organization of professional organization of

nurses within one (1) year from nurses within one (1) year from the effectivity of this Act. the effectivity of this Act.

Recognize nursing specialty Recognize nursing specialty organizations in coordination with organizations in coordination with

the accredited professional the accredited professional organization. organization.

• Philippine Nurses Association (PNA) was accredited by the government on September 15, 1975.

• Initially called Filipino Nurses Association (FNA), it was formed in 1922 at the Nurses Dormitory, Philippine General Hospital.

• Ms. Francisca Delgado was elected as its first president after said meeting was presided by Ms Anastacia Giron.

• Became a member of the ICN in 1929• Nurses Week was proclaimed by

President Carlos Garcia through Proclamation No. 539 in 1955.

• The FNA was renamed PNA in 1962.

Prescribe, adopt issue and Prescribe, adopt issue and promulgate guidelines, promulgate guidelines,

regulations, measures and regulations, measures and decisions as may be necessary decisions as may be necessary

for the improvement of the for the improvement of the nursing practice, advancement of nursing practice, advancement of the profession and for the proper the profession and for the proper and full enforcement of this Act and full enforcement of this Act

subject to the review and subject to the review and approval by the Commission. approval by the Commission.

Submit at the close of its calendar Submit at the close of its calendar year an annual report to the President year an annual report to the President

of the Philippines through the of the Philippines through the Commission giving a detailed account Commission giving a detailed account

of the proceedings and the of the proceedings and the accomplishments during the year and accomplishments during the year and

making recommendations for the making recommendations for the adoption of measures that will upgrade adoption of measures that will upgrade and improve the condition affecting the and improve the condition affecting the practice of the nursing Profession. (Art practice of the nursing Profession. (Art

III, Sec. 10, R.A. No. 9173)III, Sec. 10, R.A. No. 9173)

Initiate, undertake and conduct Initiate, undertake and conduct studies on health human resources studies on health human resources production, utilization and production, utilization and development, in coordination with development, in coordination with the accredited professional the accredited professional organization and appropriate organization and appropriate government or private agencies. government or private agencies. (sec. 30, RA. No. 9173)(sec. 30, RA. No. 9173)

Formulate and 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 may be determined by the Board. (Sec 31,

RA No 9173)

Establish an incentive and benefit Establish an incentive and benefit system in the form of free hospital system in the form of free hospital

care for nurses and their dependents, care for nurses and their dependents, scholarship grants and other non-scholarship grants and other non-

cash benefits, in coordination with the cash benefits, in coordination with the Department of Health and other Department of Health and other

concerned government agencies, concerned government agencies, association of hospitals and the association of hospitals and the

accredited professional organization. accredited professional organization.

Legal Liabilities of Board Members

• The Chair and Members of the Board may be suspended or removed by the President on any of the following grounds:

a. Continued neglect of duty or incompetence

b. Commission or tolerance of irregularities in the licensure examinations;

c. Unprofessional immoral or dishonorable conduct.

Possible legal liabilities

• ADMINISTRATIVE• Commission or tolerance of

irregularities in the licensure examination.

• Commission of Grave offenses

• Unprofessional and unethical conduct

• CRIMINAL

• Violation of R.A. No. 3019, as amended (The Anti-Graft and Corrupt Practices Act)

• Penalties for Manipulation and Other Corrupt Practices in the Conduct of Professional Examinations under Sec. 15, RA 8981.

• CIVIL

• Negligence of the Board which causes an examinee to retake the licensure examination.

EXAMINATION AND REGISTRATION

• Nursing graduates must pass the licensure examination given by the BON, pay the prescribed fee, take oath and comply with appropriate registration with the role of nurses before they can use or append to their names the tile RN.

Licensure Examination

• All applicants for license to practice nursing in this country are required to pass the written examination given by PRC, BON (Sec. 12, RA 9173)

• Given twice a year, usually falls in the 1st week of the month of June and December.

• Venue, depend upon the places where PRC has regional offices and the number of examinee (not less than 100).

SEC 12 RA 9173 mandates the PRC to:

• Administer and conduct the licensure examination of the various regulatory board in accordance with the rules and regulation promulgated by the commission.

• Determine and fix the places and dates of examination.

• Use public or privately owned building and facilities for examination purposes.

• Conduct more than once licensure examination, provided that when there are two or more examination given in a year, at least examination shall be held on weekday (Monday-Friday) and that if only one examination is given in a year, this shall be held by weekdays.

PRC Modernization Act

• PRC is authorized to require completion of a refresher course when the examinee has failed to pass 3 times, except as otherwise provided by law, approve the result and release.

• Adopt measure to preserve the integrity and inviolability of license examination.

Qualifications and requirements for admission to licensure examination

• Citizen of the Philippines

• With good moral character;

• A holder of BSN

Requirements for Examination

• Original transcript of records with Original transcript of records with Special Order from the Department of Special Order from the Department of Education, Culture and Sports unless Education, Culture and Sports unless he / she is a graduate of a Level II he / she is a graduate of a Level II accredited nursing program;accredited nursing program;

• For state colleges and universities, For state colleges and universities, original OTR with date of graduation;original OTR with date of graduation;

• Record of Actual RLE for the entire Record of Actual RLE for the entire BSN program duly signed by the Dean, BSN program duly signed by the Dean, Chief Nurse of the Hospital and the Chief Nurse of the Hospital and the Clinical Coordinator.Clinical Coordinator.

• Actual number of OR/DR cases…Actual number of OR/DR cases…• Where applicable:Where applicable:

– Birth CertificateBirth Certificate– Marriage CertificateMarriage Certificate– Alien Certificate of Alien Certificate of

NaturalizationNaturalization– Clearance showing dismissal of Clearance showing dismissal of

Case form the Prosecutor’s Case form the Prosecutor’s Office, in any.Office, in any.

• Scope of ExaminationScope of Examination• RatingsRatings

In order to pass the examination, an In order to pass the examination, an examinee must obtain a general average of at examinee must obtain a general average of at least seventy-five percent (75%) with a rating least seventy-five percent (75%) with a rating of not below sixty percent (60%) in any of not below sixty percent (60%) in any subject. An examinee who obtains an subject. An examinee who obtains an average rating of seventy five percent (75%) average rating of seventy five percent (75%) or higher but gets a rating below 60% in any or higher but gets a rating below 60% in any subject must take the examination again but subject must take the examination again but only in the subject or subjects where he / she only in the subject or subjects where he / she is rated below 60%. In order to pass the is rated below 60%. In order to pass the succeeding examination, an examinee must succeeding examination, an examinee must obtain a rating of at least 75% in the subject obtain a rating of at least 75% in the subject or subjects repeated.or subjects repeated.

Refresher Course Requirements

• RA 9173 – deleted the provision in section 16 RA 7164 stating that an examinee who fails 3 times in the subject or shall not be allowed to take a licensure examination unless he / she enrolls and passes the refresher course consisting of the regular 4th year subject in recognized nursing school.

• RA 8991 – empowers PRC to require completion of a refresher course

• SINE QUA NON• RA 9173 is a special law and will prevail

over RA 8981 which is a general law.

OATH TAKING REQUIREMENTS

• Before successful examinees enter the Before successful examinees enter the practice of nursing, he / she is required to practice of nursing, he / she is required to take an oath before the board or any take an oath before the board or any government official authorized to administer government official authorized to administer oath (Sec 16 RA 9173)oath (Sec 16 RA 9173)

• There is a general / mass oath taking, There is a general / mass oath taking, scheduled 15 days after the release of the scheduled 15 days after the release of the examination results to be announced in a examination results to be announced in a press release that publishes the said result.press release that publishes the said result.

• Oath Taking program outside Metro Manila Oath Taking program outside Metro Manila are subjects to the approval of the PRC and are subjects to the approval of the PRC and the compliance with PRC resolution No. 93-the compliance with PRC resolution No. 93-268, s. 1993.268, s. 1993.

Certificate of Registration / Professional License and Professional Identification Card

• An examinee that passes the examination shall be issued a certificate of registrtaion / professional license as a registered nurse upon payment of prescribed fees for license.

• Every certificate of registration / professional license contains the full nmae of the registrant, serial number, the signature of the chairperson of the PRC and the members of the Board and the official seal of the commission (Sec. 17, RA 9173)

• THE PRC ID has the following features:

- bar code under the entry registered nurse

- picture of the RN projected twice on the front face of the card.

- Full name of professional, license number, date of registration, date of issuance, expiration and signature of the chairperson of the PRC as stated in Sec 17, RA 9173.

• Under RA 7164, license to practice nursing shall be renewed every three years with PRC on prescribed form. (sec 6, IRR)

• Requirement prior to renewal of license to practice as RN must be complete 60 hours of continuing CPE pursuant to BON Resolution No. 1903 as amended (Sec. IRR)

• Suspended due to some controversies.

Registration by Reciprocity• Mutuality in the grant and enjoyment of Mutuality in the grant and enjoyment of

privileges between persons and nations. privileges between persons and nations. • As applied in the profession, it is a As applied in the profession, it is a

relation established by Law, treaty or relation established by Law, treaty or agreement between 2 countries or agreement between 2 countries or states, the privilege of being admitted to states, the privilege of being admitted to the practice of the profession within their the practice of the profession within their respective territorial jurisdiction. respective territorial jurisdiction.

• Based on the principle “do ut des” which Based on the principle “do ut des” which means that for a country to expect a means that for a country to expect a favor from another, it should be willing favor from another, it should be willing to give a corresponding favor. to give a corresponding favor.

• Allows issuance of a certificate of Allows issuance of a certificate of registration / Professional License without registration / Professional License without examination to nurses registered under the examination to nurses registered under the laws of any foreign state or country provided:laws of any foreign state or country provided:

• The requirement for the registration or The requirement for the registration or license of person in said country is license of person in said country is substantially the same as those prescribed substantially the same as those prescribed under the said law.under the said law.

• The Laws of such state or country grant the The Laws of such state or country grant the same privileges to the registered nurses of same privileges to the registered nurses of the Philippines on the same basis as he the Philippines on the same basis as he subjects or citizens of such foreign state or subjects or citizens of such foreign state or country.country.