NCM 108: Bioethics
NCM 108: Bioethics
Sec. 1. Health is a fundamental right. The Filipino Registered Nurse, believing in the worth and
dignity of each human being, recognizes the primary responsibility to preserve health at all cost.
This responsibility encompasses promotion of health, prevention of illness, alleviation of
suffering, and restoration of health. However, when the foregoing are not possible, assistance
towards a peaceful death shall be his/her obligation.
Sec. 2. To assume this responsibility, RNs have to gain knowledge and understanding of man’s
cultural, social, spiritual, psychological, and ecological aspects of illness, utilizing the therapeutic
process. Cultural diversity and political and socio-economic status are inherent factors to
effective nursing care.
Sec. 3. The desire for the respect and confidence of clientele, colleagues, co-workers, and the
members of the community provides the incentive to attain and maintain the highest possible
degree of ethical conduct.
Article II
Registered nurses and people
Article III
Registered Nurses and Practice
Article IV
Registered Nurses and Co-workers
Sec. 12. Ethical principles
1.The Registered Nurse is in solidarity with other members of the health care team in working
for the patient’s best interest.
2.The Registered Nurse maintains collegial and collaborative working relationship with
colleagues and other health care providers.
Article V
Registered Nurses, Society, and Environment
Sec. 14. Ethical Principles
1. The preservation of life, respect for human rights, and promotion of healthy environment shall
be a commitment of a RN.
2.The establishment of linkages with the public in promoting local, national, and international
efforts to meet health and social needs of the people as a contributing member of society is a
noble concern of a RN.
Article VI
Registered Nurses and the Profession
Sec. 16. Ethical Principles
1.Maintenance of loyalty to the nursing profession and preservation of its integrity are ideal.
2.Compliance with the by-laws of the accredited professional organization (PNA) and other
professional organizations of which the RN is a member is a lofty duty.
3.Commitmentto continual learning and active participation in the development and growth of
the profession are commendable obligations.
4.Contribution to the improvement of the socio-economic conditions and general
welfare of nurses through appropriate legislation is a practice and visionary mission.
Article VII
Administrative Penalties, Repealing Clause and Effectivity
Sec. 18. The certificate of registration of the RN shall either be revoked or suspended for
violation of any provisions of this Code pursuant to Sec. 23 (f), Art.IV of R.A. No. 9173 and Sec.
23 (f), rule III of Board Res. No. 425, Series of 2003, the IRR.
The Philippine Nursing Act of 2002 (R.A. 9173)
Overview
The Philippine Nursing Act of 2002, also known as Republic Act 9173 (R.A. 9173), is a
significant piece of legislation that regulates the nursing profession in the Philippines. It outlines
the qualifications, licensing, and practice standards for nurses in the country. R.A. 9173 also
establishes the Professional Regulation Commission (PRC) as the regulatory body responsible
for implementing the law.
Key Provisions
Some of the key provisions of R.A. 9173 include:
1. Licensure Examination: The law specifies the criteria for taking the nursing licensure
examination, including educational requirements and the need to pass the exam to
practice nursing legally.
2. Continuing Professional Development: R.A. 9173 mandates continuing education and
professional development for nurses to ensure that they remain updated and competent
throughout their careers.
3. Scope of Nursing Practice: The act clearly defines the scope of nursing practice,
outlining the roles and responsibilities of registered nurses and other healthcare
professionals.
4. Ethical Standards: The law emphasizes adherence to the Code of Ethics for Nurses,
ensuring that nurses maintain the highest ethical standards in their practice.
5. Nursing Specializations: R.A. 9173 allows for the establishment of specialty nursing
organizations, recognizing nurses who undergo further training in specific areas of
practice.
Importance
The Philippine Nursing Act of 2002 is crucial for the regulation and advancement of the nursing
profession in the Philippines. It sets the legal framework for education, licensure, and practice,
ensuring that nurses provide safe and high-quality care while upholding ethical standards.
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled.
ARTICLE I
TITLE
SECTION 1. Title. — This Act shall be known as the “Philippine Nursing Act of 2002.”
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, humane working conditions, better
career prospects and a dignified existence for our nurses.
The State hereby guarantees the delivery of quality basic health services through an adequate
nursing personnel system throughout the country.
ARTICLE III
ORGANIZATION OF THE BOARD OF NURSING
SEC. 3. Creation and Composition of the Board. — There shall be created a Professional
Regulatory Board of Nursing, hereinafter referred to as the Board, to be composed of a
Chairperson and six (6) members. They shall be appointed by the President of the Republic of
the Philippines from among two (2) recommendees, per vacancy, of the Professional Regulation
Commission, hereinafter referred to as the Commission, chosen and ranked from a list of three
(3) nominees, per vacancy, of the accredited professional organization of nurses in the
Philippines who possess the qualifications prescribed in Section 4 of this Act.
SEC. 4. Qualifications of the Chairperson and Members of the Board. — The Chairperson and
Members of the Board shall, at the time of their appointment, possess the following
qualifications:
(c) Be a registered nurse and holder of a master’s degree in nursing, education or other allied
medical profession conferred by a college or university duly recognized by the
Government: Provided, That the majority of the Members of the Board shall be holders of a
master’s degree in nursing: Provided, further, That the Chairperson shall be a holder of a
master’s degree in nursing;
(d) Have at least ten (10) years of continuous practice of the profession prior to
appointment: Provided, however, That the last five (5) years of which shall be in the Philippines;
and
(e) Not have been convicted of any offense involving moral turpitude;
Provided, That the membership to the Board shall represent the three (3) areas of nursing,
namely: nursing education, nursing service and community health nursing.
SEC. 5. Requirements Upon Qualification as Member of the Board of Nursing. — Any person
appointed as Chairperson or Member of the Board shall immediately resign from any teaching
position in any school, college, university or institution offering Bachelor of Science in Nursing
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 as well as those employed in the private
sector. He/she shall not have any pecuniary interest in or administrative supervision over any
institution offering Bachelor of Science in Nursing including review classes.
SEC. 6. Term of Office. — The Chairperson and Members of the Board shall hold office for a
term of three (3) years and until their successors shall have been appointed and
qualified: Provided, That the Chairperson and Members of the Board may be reappointed for
another term.
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/her duties.
The incumbent Chairperson and Members of the Board shall continue to serve for the
remainder of their term under Republic Act No. 7164 until their replacements have been
appointed by the President and shall have been duly qualified.
SEC. 7. Compensation of Board Members. — The Chairperson and Members of the Board shall
receive compensation and allowances comparable to the compensation and allowances
received by the Chairperson and members of other professional regulatory boards.
SEC. 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and
Support Services. — The Board shall be under the administrative supervision of the
Commission. All records of the Board, including applications for examinations, administrative
and other investigative cases conducted by the Board shall be under the custody of the
Commission. The Commission shall designate the Secretary of the Board and shall provide the
secretariat and other support services to implement the provisions of this Act.
SEC. 9. Powers and Duties of the Board. — The Board shall supervise and regulate the practice
of the nursing profession and shall have the following powers, duties and functions:
(b) Issue, suspend or revoke certificates of registration for the practice of nursing;
(c) Monitor and enforce quality standards of nursing practice in the Philippines and exercise the
powers necessary to ensure the maintenance of efficient, ethical and technical, moral and
professional standards in the practice of nursing taking into account the health needs of the
nation;
(d) Ensure quality nursing education by examining the prescribed facilities of universities or
colleges of nursing or departments of nursing education and those seeking permission to open
nursing courses to ensure that standards of nursing education are properly complied with and
maintained at all times. The authority to open and close colleges of nursing and/or nursing
education programs shall be vested on the Commission on Higher Education upon the written
recommendation of the Board;
(e) Conduct hearings and investigations 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;
(f) Promulgate a Code of Ethics in coordination and consultation with the accredited
professional organization of nurses within one (1) year from the effectivity of this Act;
(g) Recognize nursing specialty organizations in coordination with the accredited professional
organization; and
(h) Prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions as
may be necessary for the improvement of the nursing practice, advancement of the profession
and for the proper and full enforcement of this Act subject to the review and approval by the
Commission.
SEC. 10. Annual Report. — The Board shall at the close of its calendar year submit an annual
report to the President of the Philippines through the Commission giving a detailed account of
its proceedings and the accomplishments during the year and making recommendations for the
adoption of measures that will upgrade and improve the conditions affecting the practice of the
nursing profession.
SEC. 11. Removal or Suspension of Board Members. — The President may remove or suspend
any member of the Board after having been given the opportunity to defend himself/herself in a
proper administrative investigation, on the following grounds:
ARTICLE IV
EXAMINATION AND REGISTRATION
SEC. 12. Licensure Examination. — All applicants for license to practice nursing shall be
required to pass a written examination, which shall be given by the Board in such places and
dates as may be designated by the Commission: Provided, That it shall be in accordance with
Republic Act No. 8981, otherwise known as the “PRC Modernization Act of 2000.”
SEC. 13. Qualifications for Admission to the Licensure Examination. — In order to be admitted
to the examination for nurses, an applicant must, at the time of filing his/her application,
establish to the satisfaction of the Board that:
(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;
(c) He/she is a holder of a Bachelor’s Degree in Nursing from a college or university that
complies with the standards of nursing education duly recognized by the proper government
agency.
SEC. 14. 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. 15. Ratings. — In order to pass the examination, an examinee must obtain a general
average 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 subject must take the examination
again but only in the subject or subjects where he/she is rated below sixty percent (60%). In
order to pass the succeeding examination, an examinee must obtain a rating of at least seventy-
five percent (75%) in the subject or subjects repeated.
SEC. 16. Oath. — All successful candidates in the examination shall be required to take an oath
of profession before the Board or any government official authorized to administer oaths prior to
entering upon the nursing practice.
A professional identification card, duly signed by the Chairperson of the Commission, bearing
the date of registration, license number, and the date of issuance and expiration thereof shall
likewise be issued to every registrant upon payment of the required fees.
SEC. 18. Fees for Examination and Registration. — Applicants for licensure and for registration
shall pay the prescribed fees set by Commission.
SEC. 19. Automatic Registration of Nurses. — All nurses whose names appear at the roster of
nurses shall be automatically or ipso facto registered as nurses under this Act upon its
effectivity.
(a) Licensed nurses from foreign countries/states whose service are either for a fee or free if
they are internationally well-known specialists or outstanding experts in any branch or specialty
of nursing;
(b) Licensed nurses from foreign countries/states on medical mission whose services shall be
free in a particular hospital, center or clinic; and
Provided, however, That the special/temporary permit shall be effective only for the duration of
the project, medical mission or employment contract.
The Board shall furnish the applicant a written statement setting forth the reasons for its actions,
which shall be incorporated in the records of the Board.
(e) For the use of fraud, deceit, or false statements in obtaining a certificate of
registration/professional license or a temporary/special permit;
(f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical
standards for nursing practice, policies of the Board and the Commission, or the conditions and
limitations for the issuance of the temporary/special permit; or
(g) For practicing his/her profession during his/her suspension from such practice;
SEC. 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates. — The
Board may, after the expiration of a maximum of four (4) years from the date of revocation of a
certificate, for reasons of equity and justice and 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/professional license.
A new certificate of registration/professional license to replace the certificate that has been lost,
destroyed or mutilated may be issued, subject to the rules of the Board.
ARTICLE V
NURSING EDUCATION
SEC. 25. Nursing Education Program. — The nursing education program shall provide sound
general and professional foundation for the practice of nursing.
The learning experiences shall adhere strictly to specific requirements embodied in the
prescribed curriculum as promulgated by the Commission on Higher Education’s policies and
standards of nursing education.
SEC. 26. Requirement for Inactive Nurses Returning to Practice. — Nurses who have not
actively practiced the profession for five (5) consecutive years are required to undergo one (1)
month of didactic training and three (3) months of practicum. The Board shall accredit hospitals
to conduct the said training program.
SEC. 27. Qualifications of the Faculty. — A member of the faculty in a college of nursing
teaching professional courses must:
(b) Have at least one (1) year of clinical practice in a field of specialization;
(c) Be a member of good standing in the accredited professional organization of nurses; and
(d) Be a holder of a master’s degree in nursing, education, or other allied medical and health
sciences conferred by a college or university duly recognized by the Government of the
Republic of the Philippines.
In addition to the aforementioned qualifications, the dean of a college must have a master’s
degree in nursing. He/she must have at least five (5) years of experience in nursing.
ARTICLE VI
NURSING PRACTICE
SEC. 28. Scope of Nursing. — A person shall be deemed to be practicing nursing within the
meaning of this Act when he/she singly or in collaboration with another, initiates and performs
nursing services to individuals, families and communities in any health care setting. It includes,
but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler,
pre-school, school age, adolescence, adulthood and old age. As independent practitioners,
nurses are primarily responsible for the promotion of health and prevention of illness. As
members of the health team, nurses shall collaborate with other health care providers for the
curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of
suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of
the nurse to:
(a) Provide nursing care through the utilization of the nursing process. Nursing care includes,
but not limited to, traditional and innovative approaches, therapeutic use of self, executing
health care techniques and procedures, essential primary health care, comfort measures, health
teachings, and administration of written prescription for treatment, therapies, oral, topical and
parenteral medications, internal examination during labor in the absence of antenatal bleeding
and delivery. In case of suturing of perineal laceration, special training shall be provided
according to protocol established;
(b) Establish linkages with community resources and coordination with the health team;
(d) Teach, guide and supervise students in nursing education programs including the
administration of nursing services in varied settings such as hospitals and clinics; undertake
consultation services; engage in such activities that require the utilization of knowledge and
decision-making skills of a registered nurse; and
(e) Undertake nursing and health human resource development training and research, which
shall include, but not limited to, the development of advance nursing practice;
Provided, That this section shall not apply to nursing students who perform nursing functions
under the direct supervision of a qualified faculty: Provided, further, That in the practice of
nursing in all settings, the nurse is duty-bound to observe the Code of Ethics for nurses and
uphold the standards of safe nursing practice. The nurse is required to maintain competence by
continual learning through continuing professional education to be provided by the accredited
professional organization or any recognized professional nursing organization: Provided, finally,
That the program and activity for the continuing professional education shall be submitted to
and approved by the Board.
(b) Have at least two (2) years experience in general nursing service administration;
(c) Possess a degree of Bachelor of Science in Nursing, with at least nine (9) units in
management and administration courses at the graduate level; and
Provided, That a person occupying the position of chief nurse or director of nursing service
shall, in addition to the foregoing qualifications, possess:
(1) At least five (5) years of experience in a supervisory or managerial position in nursing; and
(2) A master’s degree major in nursing;
Provided, further, That for primary hospitals, the maximum academic qualifications and
experiences for a chief nurse shall be as specified in subsections (a), (b), and (c) of this
section: Provided, furthermore, That for chief nurses in the public health agencies, those who
have a master’s degree in public health/community health nursing shall be given
priority. Provided, even further, That for chief nurses in military hospitals, priority shall be given
to those who have finished a master’s degree in nursing and the completion of the General Staff
Course (GSC): Provided, finally, That those occupying such positions before the effectivity of
this Act shall be given a period of five (5) years within which to qualify.
ARTICLE VII
HEALTH HUMAN RESOURCE
PRODUCTION, UTILIZATION AND DEVELOPMENT
SEC. 30. Studies for Nursing Manpower Needs, Production, Utilization and Development. —
The Board, in coordination with the accredited professional organization and appropriate
government or private agencies shall initiate, undertake and conduct studies on health human
resource production, utilization and development.
SEC. 31. Comprehensive Nursing Specialty Program. — Within ninety (90) days from the
effectivity of this Act, the Board in coordination with the accredited professional organization,
recognized specialty organizations and the Department of Health is hereby mandated to
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.
The beneficiaries of this program are obliged to serve in any Philippine hospital for a period of at
least two (2) years of continuous service.
SEC. 32. Salary. — In order to enhance the general welfare, commitment to service and
professionalism of nurses, the minimum base pay of nurses working in the public health
institutions shall not be lower than salary grade 15 prescribed under Republic Act No. 6758,
otherwise known as the “Compensation and Classification Act of 1989”: Provided, That for
nurses working in local government units, adjustments to their salaries shall be in accordance
with Section 10 of the said law.
SEC. 33. Funding for the Comprehensive Nursing Specialty Program. — The annual financial
requirement needed to train at least ten percent (10%) of the nursing staff of the participating
government hospital shall be chargeable against the income of the Philippine Charity
Sweepstakes Office and the Philippine Amusement and Gaming Corporation, which shall
equally share in the costs and shall be released to the Department of Health subject to
accounting and auditing procedures: Provided, That the Department of Health shall set the
criteria for the availment of this program.
SEC. 34. Incentives and Benefits. — The Board of Nursing, in coordination with the Department
of Health and other concerned government agencies, association of hospitals and the
accredited professional organization shall establish an incentive and benefit system in the form
of free hospital care for nurses and their dependents, scholarship grants and other non-cash
benefits. The government and private hospitals are hereby mandated to maintain the standard
nurse-patient ratio set by the Department of Health.
ARTICLE VIII
PENAL AND MISCELLANEOUS PROVISIONS
SEC. 35. Prohibitions in the Practice of Nursing. — A fine of not less than Fifty thousand pesos
(P50,000,00) nor more than One hundred thousand pesos (P100,000.00) or imprisonment of
not less than one (1) year nor more than six (6) years, or both, upon the discretion of the court,
shall be imposed upon:
(a) any person practicing nursing in the Philippines within the meaning of this Act:
(2) who uses as his/her own certificates of registration/professional license and professional
identification card or special temporary permit of another; or
(4) who gives any false evidence to the Board in order to obtain a certificate of
registration/professional license, a professional identification card or special permit; or
(5) who falsely poses or advertises as a registered and licensed nurse or uses any other means
that tend to convey the impression that he/she is a registered and licensed nurse; or
(6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar
appendage to his/her name without having been conferred said degree or registration; or
(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.
(b) any person or the chief executive officer of a juridical entity who undertakes in-service
educational programs or who conducts review classes for both local and foreign examination
without permit/clearance from the Board and the Commission; or
(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 Sections 32 and 34; or
(d) any person or the chief executive officer of a juridical entity violating any provision of this Act
and its rules and regulations.
ARTICLE IX
FINAL PROVISIONS
SEC. 36. Enforcement of this Act. — It shall be the primary duty of the Commission and the
Board to effectively implement this Act. Any duly law enforcement agencies and officers of
national, provincial, city or municipal governments shall, upon the call or request of the
Commission or the Board, render assistance in enforcing the provisions of this Act and to
prosecute any persons violating the same.
SEC. 37. Appropriations. — The Chairperson of the Professional Regulation Commission shall
immediately include in its program and issue such rules and regulations to implement the
provisions of this Act, the funding of which shall be included in the Annual General
Appropriations Act.
SEC. 38. Rules and Regulations. — Within ninety (90) days after the effectivity of this Act, the
Board and the Commission, in coordination with the accredited professional organization, the
Department of Health, the Department of Budget and Management and other concerned
government agencies, shall formulate such rules and regulations necessary to carry out the
provisions of this Act. The implementing rules and regulations shall be published in the Official
Gazette or in any newspaper of general circulation.
SEC. 39. Separability Clause. — If any part of this Act is declared unconstitutional, the
remaining parts not affected thereby shall continue to be valid and operational.
SEC. 40. Repealing Clause. — Republic Act No. 7164, otherwise known as the “Philippine
Nursing Act of 1991” is hereby repealed. All other laws, decrees, orders, circulars, issuances,
rules and regulations and parts thereof which are inconsistent with this Act are hereby repealed;
amended or modified accordingly.
SEC. 41. Effectivity. — This Act shall take effect fifteen (15) days upon its publication in
the Official Gazette or in any two (2) newspapers of general circulation in the Philippines.