NURSING REGULATION Nelia B. Perez RN MSN Northeastern College Santiago City Philippines
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.
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 Process
1. 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 PRBON
To monitor the conditions affecting the practice of the profession or occupation; and (b) to adopt proper measures for the enhancement
PRC-BON Resolution No. 82, 1998 – Standards of Safe Nursing Practice
PRC – BON Res. No. 112 s, 2005 – Competency Standards for Nursing Practice
PRC – BON Res. No. 99-14 s. 1999 – Standards for Specialty Certification Program
ANSAP- Standards on Safe Nursing Practice on Internal Examination and Suturing of perineal Lacerations
PRC Board Resolution No. 8, s 1994 / ANSAP Standards – Nursing Standards on Intravenous Practice
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 coordination and consultation with the accredited professional organization of nurses within one (1) year from the effectivity of this Act.
Recognize nursing specialty organizations in coordination with the accredited professional 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 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.
Submit at the close of its calendar year an annual report to the President of the Philippines through the Commission giving a detailed account of the proceedings and the accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the condition affecting the practice of the nursing Profession. (Art III, Sec. 10, R.A. No. 9173)
Initiate, undertake and conduct studies on health human resources production, utilization and development, in coordination with the accredited professional organization and appropriate government or private agencies. (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 system in the form of free hospital care for nurses and their dependents, scholarship grants and other non-cash benefits, in coordination with the Department of Health and other concerned government agencies, association of hospitals and the 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
Commission or tolerance of irregularities in the licensure examination.
Commission of Grave offenses
Unprofessional and unethical conduct
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.
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.
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 1 st 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 Special Order from the Department of Education, Culture and Sports unless he / she is a graduate of a Level II accredited nursing program;
For state colleges and universities, original OTR with date of graduation;
Record of Actual RLE for the entire BSN program duly signed by the Dean, Chief Nurse of the Hospital and the Clinical Coordinator.
Actual number of OR/DR cases…
Alien Certificate of Naturalization
Clearance showing dismissal of Case form the Prosecutor’s Office, in any.
Scope of Examination
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 60% in any subject must take the examination again but only in the subject or subjects where he / she is rated below 60%. In order to pass the succeeding examination, an examinee must obtain a rating of at least 75% in the subject 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 4 th 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 practice of nursing, he / she is required to take an oath before the board or any government official authorized to administer oath (Sec 16 RA 9173)
There is a general / mass oath taking, scheduled 15 days after the release of the examination results to be announced in a press release that publishes the said result.
Oath Taking program outside Metro Manila are subjects to the approval of the PRC and the compliance with PRC resolution No. 93-268, 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 privileges between persons and nations.
As applied in the profession, it is a relation established by Law, treaty or agreement between 2 countries or states, the privilege of being admitted to the practice of the profession within their respective territorial jurisdiction.
Based on the principle “do ut des” which means that for a country to expect a favor from another, it should be willing to give a corresponding favor.
Allows issuance of a certificate of registration / Professional License without examination to nurses registered under the laws of any foreign state or country provided:
The requirement for the registration or license of person in said country is substantially the same as those prescribed under the said law.
The Laws of such state or country grant the same privileges to the registered nurses of the Philippines on the same basis as he subjects or citizens of such foreign state or country.