LICENSING

BOARD
Nursing Law
POWER TO REGULATE THE
PROFESSION
THE POWER to regulate the established
professions in the Philippines and to ORGANIZATION AND
examine the applicants to practice the COMPOSITION
same is vested upon the Professional
Republic Act 9173 provides for the creation
Regulation Commission (PRC) as created by
of a Professional Regulatory Board of Nursing
Presidential Decree 223.
The PRC is now an agency of its own. The
regulatory power with respect to the
nursing profession is conferred upon the
Professional Regulatory Board of Nursing
However, PD 223 has been repealed by RA
8981, "The PRC Modernization Act of
2000."
POWER TO REGULATE THE ORGANIZATION AND
PROFESSION COMPOSITION
Republic Act 9173 provides for the
THE POWER to regulate the established
professions in the Philippines and to creation of a Professional Regulatory
examine the applicants to practice the Board of Nursing
same is vested upon the Professional
Regulation Commission (PRC) as created by
SEC 4. Composition of the Board. The
Presidential Decree 223. Board created under Section 3, Article
The PRC is now an agency of its own. The
III of the said Nursing Act shall be
regulatory power with respect to the composed of a Chairperson and six (6)
nursing profession is conferred upon the members, representing the three (3)
Professional Regulatory Board of Nursing areas of nursing, namely, nursing
However, PD 223 has been repealed by RA education, nursing service, and
8981, "The PRC Modernization Act of community health nursing.
2000."
 CONT.. SEC 4

The Board shall be under the b. the Commission shall

administrative supervision and designate the Secretary of
control of the Commission, and as
the Board and shall
such:
provide the secretariat and
a. all records of the Board, including other support services
applications for examinations,
needed by the Board to
administrative and other
investigative cases conducted by
implement the provisions
the Board shall be under the of the said Nursing Act.
custody of the Commission; and
Members of the
Board are 1. Regular appointment. The Philippine Nurses Association certifies
appointed by the for appointment to the Nursing Board of the Professional Regulation
President of the Commission, twelve candidates who possess the required
Philippines and qualifications. They are ranked accordingly. The list of the twelve
confirmed by the certified nominees is forwarded to the Commissioner of the
Commission on Professional Regulation Commission for further screening. The
Appointments Commissioner, in turn, submits the first six from the list to the
Members of the President of the Philippines. The President appoints the board
Board of Nursing member. Such appointment is confirmed by the Commission on
may be Appointments.
appointed by:
Cont..
2. Ad Interim appointment. A board member is appointed in the
meantime to fill in a vacancy or perform the duties of an office
during the absence of the regular incumbent. There is no definite
term of appointment.

3. Doctrine of Hold-Over. In this instance, a member of the

Nursing Board is permitted to continue to exercise the functions
of the office after the end of his/her lawful term until replaced
 APPOINTMENT
SEC 5. Appointment. The Chairperson and six members shall be
appointed by the President of the Republic of the Philippines upon
the recommendation of the Commission: Provided, That all those
who will be recommended by the Commission to the President for
appointment shall be duly licensed/registered nurses chosen only
from among the nominees submitted by the accredited professional
organization of nurses in the Philippines to the Commission to fill up
vacancies. For this purpose, the following shall strictly be
observed/complied with
a. The Commission shall before the last year of the term of office of any
member, notify and request the accredited professional organization of
nurses in the Philippines to submit to the Commission at least three (3)
qualified nominees per vacancy,

b. The accredited professional organization of nurses shall upon receipt

of the Commission's request screen and rank qualified nurses only for
the purpose and submit three (3) nominees, per vacancy, to the
Commission not later than three months before the vacancy occurs.
c. The Commission, upon receipt of the list of nominees of the accredited
professional organization of nurses in the Philippines, shall rank said nominees and
submit to the President of the Philippines two (2) nominees, per vacancy, not later
than two (2) months before the vacancy occurs, with the request that the
appointment be issued not later than thirty (30) days before the scheduled
licensure examinations

d. Reappointment shall be subject to the provisions of E.O. No. 496.

e. The necessary operating procedures to ensure strict compliance therewith shall

be embodied in a Memorandum of Agreement (MOA) by the Commission and the
accredited professional organization of nurses.
 QUALIFICATION OF MEMBERS TO
THE NURSING BOARD
SEC. 6. Qualifications of the Chairperson and Members. The Chairperson and
members of the Board shall, at the time of their appointment possess the
following qualifications:

a. a natural born citizen and resident of the Philippines;

b. a member of good standing of the accredited professional organization of

nurses, 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 Chairperson
and majority of the Members
c. must be holders of a master's degree in nursing

d. must have at least ten (10) years of continuous practice of the profession
prior to appointment, the last five (5) years of which must be in the
Philippines, and

e. must not have been convicted of any offense involving moral turpitude

Membership to the Board shall represent the three areas of nursing,

namely, nursing education, nursing service, and community health nursing.
 REQUIREMENT UPON QUALIFICATION
OF A MEMBER TO THE BOARD
Any person appointed as Chairperson or Member of the Board shall
a. immediately resigns 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;
b. immediately resign from any office or employment in the private sector and/in the
government or any subdivision, agency or instrumentality thereof, including government
owned and/or controlled corporations or their subsidiaries; and
c. not have any pecuniary interest in, or administrative supervision over any institution
offering Bachelor of Science in Nursing including review classes.
Pecuniary interest refers to involvement of husband/wife, children, brothers/sisters,
mother/father in any activity that will conflict with his/her position in the Board, particularly
money matters.
 TERM OF OFFICE
The Chairperson and Members shall hold office for a period of three
(3) years and until their successors shall have been appointed and
qualified, provided that:
a. no Chairperson and Member shall be appointed and/or
reappointed for more than two (2) terms or a period of six (6) years;
b. appointment to a vacancy that occurs before the expiration of the
term of office of the Chairperson/Member shall cover only the
unexpired portion of the term of the immediate predecessor; and
c. the Chairperson and Member shall take the proper oath of office
prior to the performance of his/her duties.
 COMPENSATION

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. They are paid based on the
principle of quantum meruit which means "as much as they
deserve".
 REMOVAL OR SUSPENSION
OF BOARD MEMBERS
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:
(a) continued neglect of duty or incompetence;
(b) commission or toleration of irregularities in the licensure
examination, and
(c) unprofessional, immoral or dishonorable conduct.
 POWERS AND DUTIES OF THE BOARD
SEC. 11. Powers, Duties, Functions and Responsibilities of the Board of Nursing. The
Board shall supervise and regulate the practice of the nursing profession in the
Philippines. As such, pursuant to the provisions of R.A. No. 9173 and R.A. No. 8981,
otherwise known as "PRC Modernization Act of 2000", the Board shall have the
following specific powers, functions, duties and responsibilities:

a. conduct the licensure examination for nurses;

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
written recommendation of the Board;
e. conduct hearings and investigations to resolve complaints against nurse practitioners for
unethical and unprofessional conduct and violation of this Act, or its rules and regulations.
In connection therewith, the Board, upon application with the court is empowered to:
1. issue subpoena ad testificandum and subpoena duces tecum to secure the appearance
of respondents and witnesses and the production of documents, and
2. punish with contempt persons obstructing, impeding and/or otherwise interfering
with the conduct of such proceedings;
f. adopt and promulgate a Code of Ethics and a Code of Technical Standards
for the practice of nursing in coordination and consultation with the
accredited professional organization of nurses within one (1) year from the
effectivity of the subject Nursing Act;
g. recognize nursing specialty organizations in coordination with the
accredited professional organization. The recognition of nursing specialty
organizations shall be based on the criteria jointly developed by the Board of
Nursing and the Accredited Professional Organization;
h. subject to the review and approval of the Commission, prescribe, adopt,
issue and promulgate guidelines, regulations, measures, and decisions as may
be necessary for the improvement of nursing practice, advancement of the
profession, and for the proper and full enforcement of the provisions of the
"Philippine Nursing Act of 2002",
i. submit an annual report to the Commission at the close of its calendar
year giving 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; and

j. in coordination with the accredited professional organization and

appropriate government and private agencies, initiate, undertake and
conduct studies on health, human research production and utilization and
development.