1.1: The Philippine Nursing Act (RA 9173) and Regulatory Bodies

Introduction to Republic Act No. 9173

The practice of nursing in the Philippines is governed by Republic Act No. 9173, officially known as the Philippine Nursing Act of 2002. This legislation repealed the older Philippine Nursing Act of 1991 (RA 7164) to provide a more comprehensive, relevant, and responsive legal framework for the profession. RA 9173 fundamentally protects the public and enhances the quality of nursing in the country by establishing strict guidelines for nursing education, licensure, and professional practice. It is the cornerstone of nursing jurisprudence in the Philippines and is heavily tested in the Philippine Nurse Licensure Examination (PNLE).

Under this act, the state assumes the responsibility of guaranteeing the delivery of quality basic health services through an adequate nursing personnel system throughout the country. It mandates 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 nurses.

The Board of Nursing (BON) and its Composition

The Board of Nursing (BON) is the regulatory body directly responsible for the nursing profession, operating under the administrative control and supervision of the Professional Regulation Commission (PRC). According to RA 9173, the Board is composed of a Chairperson and six (6) Members.

Appointments to the Board are made by the President of the Republic of the Philippines. The President chooses from a list of two (2) recommendees per vacancy provided by the PRC. The PRC, in turn, selects these recommendees from a list of three (3) nominees per vacancy submitted by the accredited professional organization of nurses, which is the Philippine Nurses Association (PNA).

Qualifications of Board Members

To ensure that the regulatory body is led by highly competent and ethical professionals, Section 4 of RA 9173 outlines strict qualifications for BON members. A member of the Board must:

1. Be a natural-born citizen and resident of the Philippines.
2. Be a member in good standing of the accredited professional organization of nurses (PNA).
3. Be a registered nurse and holder of a Master's Degree in Nursing, Education, or other allied medical and health sciences conferred by a recognized college or university.
4. Have at least ten (10) years of continuous practice of the profession prior to appointment, with the last five (5) years spent in the Philippines.
5. Not have been convicted of any offense involving moral turpitude.
6. Not have any pecuniary interest in, nor administrative supervision over, any institution offering Bachelor of Science in Nursing or any review classes for the licensure examination. This rule ensures the prevention of conflicts of interest.

Term of Office

The Chairperson and the Members of the Board hold office for a term of three (3) years and until their successors shall have been appointed and qualified. They may be reappointed for another term, provided that no person shall serve for more than two (2) consecutive terms (a maximum of 6 years).

Powers and Duties of the Board

The Board of Nursing possesses quasi-legislative, quasi-judicial, and executive powers. Key responsibilities include:

• Conducting the licensure examination for nurses.
• Issuing, suspending, or revoking certificates of registration for the practice of nursing.
• Monitoring and enforcing quality standards of nursing practice in the Philippines.
• Ensuring quality nursing education by examining the prescribed facilities of universities and colleges.
• Promulgating a Code of Ethics in coordination with the accredited professional organization.
• Recognizing nursing specialty organizations in coordination with the accredited professional organization.

Licensure Requirements

To legally practice nursing in the Philippines, one must pass the Philippine Nurse Licensure Examination (PNLE) and possess a valid Certificate of Registration and Professional Identification Card issued by the PRC and the BON.

Qualifications for Examination

An applicant for the licensure examination must establish to the satisfaction of the Board that they:

1. Are a citizen of the Philippines, or a citizen 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 (reciprocity).
2. Are of good moral character.
3. Hold a Bachelor of Science in Nursing from a college or university that complies with the standards of nursing education duly recognized by the proper government agency.

Examination Ratings

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.

If an examinee obtains a general average of 75% or higher but has a rating below 60% in any given subject, they are considered to have passed conditionally. The examinee must take the examination again, but only in the subject(s) where they scored below 60%. In this removal examination, they must obtain a rating of at least 75% in the repeated subject(s) to finally pass the licensure examination.

Understanding these legal baselines is not only crucial for passing the PNLE but also for protecting oneself as a practicing professional against legal and administrative liabilities.