LAWS GOVERNING THE PRACTICE OF NURSING Flashcards
The sum total of rules and regulations by which society is governed
LAW
Man made and regulates social conducts in formal and binding way
LAW
The very purpose of the nursing law is to protect the public, knowing one law is one of the best way to uphold nurses competence
LAW
An act providing for a more responsive nursing profession
REPUBLIC ACT 9173
This act shall be known as the Philippine nursing act of 2002
RA 9173 Highlights
Article I. Section1. Title
It is hereby declared the policy of the state 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.
RA 9173 Highlights
Article II Sec.2 Declaration policy
Organization of the board of nursing
RA 9173 Highlights
Article III
1 chairperson and 6 members
Selected by the president of the Philippines, recommended by the PRC
RA 9173 Highlights
Article III
Section 4-Qualifications of the board of nursing
A. Be a natural born citizen and resident of the Philippines
B. Be a member of good standing and accredited professional organization of the Philippines
C. Be a registered nurse and must be holder of master’s degree
D. Have at least ten years of continuous experience as nurse
E. Not have been convicted of any offense involving moral turpitude
NEW SET OF BON (2014)
Chairman: Dr. Carmencita M. Abaquin Members: Mrs. Perla G. Po Dr. Florence C. Cawaon Dr. Gloria B. Arcos Dr. Carmelita C. Divinagracia Dr. Glenda S. Arquiza Dr. Carfredda Dumlao
Section 5. Requirements upon qualifications as member of BON
Resign from teaching immediately
No pecuniary interest in Institutions or review centers
Section 6. Term of Office
The chairperson and members of the board shall hold office for a term of 3 years and until their successors shall have been appointed and qualified
Section 7-Compensation of The Board of Nursing
The chairperson and members of the board shall receive salary as those by the chairperson and members of the professional regulatory board
Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat & Support Services
- The Board shall be under the administrative supervision of the commission
- All records of the board(examinations, administrative & other investigative cases) shall be under the custody of the commission
- The commission shall designate the Sec. of the Board & shall provide the secretariat & other support services to implement the provision of this Act
SECTION 9-Powers and Duties of the Board
•The board shall exercise quasi-judicial powers
Issue subpoena duces tecum
Subpoena ad testifacandum
Punish the person by way of contempt
• Conduct the licensure examination of nurses
• Issue, suspend or revoke license
• Ensure quality nursing education and quality standards of nursing practice
• Conduct hearings and investigations
• Promulgate the code of ethics in the Philippines
• Prescribe, adopt, issue and promulgate guidelines
Sec.10-Annual Report
The board shall at the close of its calendar year submit an annual report to the pres. of the Phils. through the Commission giving a detailed account of its proceedings and accomplishments during the year & making recommendations for the adoption of measures that will upgrade & improve the conditions affecting the practice of the nursing profession
Section 11- Removal of the members of the Board
- Continued neglect of duty
- Commission or irregularities in the licensure examination
- Unprofessional, immoral or dishonorable conduct
All applicants for license to practice nursing shall be required to pass a written examination which shall be given by he board in such places and dates designated by the commission, provided it shall be in accordance with Republic ACT 8981 otherwise known as the PRC modernization Act of 2000
RA 9173 Highlights
Article IV
Sec. 12.Licensure Examination
Article IV
Section 13- Qualifications for admission for licensure exam
- He/she is a citizen in the Philippines
- He/she is of good moral character
- He/she is a holder of Bachelor’s degree of nursing
Article IV
Section 14 Scope of Examination
- The scope of examination shall be determined by the board
- The board shall take into consideration the objectives of the nursing curriculum, the board areas of nursing & other related disciplines & competencies in determining the subjects of the examination
Article IV
Section 15- Ratings
An examinee must obtain a general average of at least 75 percent with a rating of not below 60 % in any subject. An examinee who obtains an average rating of 75 % but gets a rating below 60% in any subject must take the examination again but only in the subjects rated below 60%. In order to pass the succeeding exam, must get an average of 75%
Article IV
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
Article IV
Sec. 17 Issuance of Certificate of Registration/Professional License & Professional Identification Card
- A certificate of registration/professional license as a nurse shall be issued to an applicant who passes the examination upon payment of the prescribed fees
- Full name, serial number, signature of the chairperson of the commission & of the members of the board & the official seal of the commission
- A professional ID card, duly signed by the chairperson of the commission, bearing the date of registration, license no. & the date of issuance & expiration thereof shall likewise be issued upon payment of the fees
Article IV
Sec. 18 Fees for Examination & Registration
Applicants for licensure and for registration shall pay the prescribed fees set by Commission
Article IV
Section 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 its act effectively
- The Code of ethics invites nurses to be a member of the PNA
Article IV
Section 20-Registration by Reciprocity
A certificate of registration may be issued without examination registered under the laws of a foreign state or country provided that the requirements for licensing of nurses in the said country are substantially the same
Article IV
Sec. 21 Practice through Special/Temporary Permit
May be issued by the board to the persons subject to the approval of the commission & upon payment of the prescribed fees
A. Licensed nurses from foreign countries whose
service are either for a fee/free if they are
internationally well-known specialists/outstanding
experts in any branch/specialty nursing
B…on medical mission whose services shall be
free in a particular hospital, center/clinic
C….employed by schools/colleges of nursing as
exchange professors in a branch or specialty of
nursing
..Special/temporary permit shall be effective only
for the duration of the project/medical mission/
employment contract
Article IV
Section 22- Non-registration or non-issuance of PRC license or Special/Temporary Permit
No person convicted by final judgment of any criminal offense involving moral turpitude or any person guilty of dishonorable conduct declared by the court shall be registered
Article IV
Section 23-Revocation and suspension of license
For unprofessional and unethical conduct
For gross incompetence and unethical conduct
For malpractice or negligence in the practice of nursing
For the use of fraud, deceit or false statement
For violating the code of ethics for nurses
For practicing the profession even suspended
Article IV
Section 24-Re issuance of revoked certificate
The board may after the expiration of a maximum of 4 years from the date of revocation, for reasons of equity and justice and when the cause for revocation has disappeared, cured and corrected, upon proper application and payment issue another certificate/license to practice
ARTICLE V Nursing Education
Sec. 25 Nursing Education Program
…shall provide sound general & 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 CHED’s policies & standards of nursing education
ARTICLE V Nursing Education
Section 26 Requirement for inactive nurses returning to practice
Nurses who have not actively practiced the profession for 5years are required to undergo one month of didactic training and 3 months of practicum
ARTICLE V Nursing Education
Section 27-Qualifications of Faculty
•Be an RN in the Philippines
•Have at least 1 year of experience
•Be a member of good standing organization
•Be a holder of master’s degree (nursing, education/ other allied medical & health sciences conferred by a college/
university)
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 singly or in collaboration with another, initiates & performs nursing services to IFC in any health care setting
- It includes, but not limited to, nursing care during CLDICTPSaAA & OA
- As independent practitioners, nurses are primarily responsible for the promotion of health & prevention of illness
- As members of the health team- collaborate with other health care providers (curative, preventive, rehabilitative aspects of health care, restoration of health, alleviation of suffering, & 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 (traditional & innovative approaches, therapeutic use of self, executing health care techniques & procedures, essential primary health care, comfort measures, health teachings & admin. Of written prescription for tx, therapies, oral, topical & parenteral meds, IE during labor in the absence of antenatal bleeding & delivery)
b. Establish linkages with community resources & coordination with the health team
c. Provide health education to IFC
d. Teach, guide & supervise students in nursing education programs including the admin. of nursing services & varied settings; undertake consultation services; engage activities that require the utilization of knowledge & decision making skills of a RN
e. Undertake nursing & health human resource dev’t. training & research, which shall include, but not limited to, the dev’t. of advance nursing practice
ARTICLE VI Nursing Practice
Sec. 29 Qualification of Nursing Service Administrators
…supervisory or managerial positions…
- Be a RN in the Philippines
- Have at least 2 years experience in general nursing service administration
- Possess a degree of BSN with at least 9 units in management & administration courses at the graduate level
- Be a member of good standing of the accredited professional organization of nurses
ARTICLE VI Nursing Practice
Sec. 29 Qualification of Nursing Service Administrators
…for chief nurse/director of nursing service
- At least 5 years of experience in a supervisory or managerial position in nursing
- A master’s degree major in nursing
Article VII Health Human Resources Production, Utilization & Development
Sec. 31 Comprehensive Nursing Specialty Program
Within 90 days from the effectivity of this act, the board in coordination with the accredited professional organization, recognized specialty organizations & the DOH is hereby mandated to formulate & develop a comprehensive nursing specialty program that would upgrade the level of skill & competence of specialty nurse clinicians in the country, such as, but not limited to the areas of critical care, oncology, renal & such other areas
Article VII Health Human Resources Production, Utilization & Development
Section 32-Salary
The minimum base pay of nurses working in the public health institutions shall not be lower than the salary grade 15 prescribed under Republic Act no 6758, otherwise known as the compensation act of 1989
Republic ACT 2808
this act provided the true nursing law that serve as the basis of the practice of nurses in the philippines
The minimum base pay of nurses working in the public health institutions shall not be lower than the salary grade 15 prescribed under
Republic Act no 6758
The first local licensure for nurses was held in
1920
- An act known as the Philippine Nursing Law of 1953
- Approved on June 19, 1953 and sponsored by Senator Geromina Tecson to regulate the practice of nursing in the Philippines
RA 877
Amended Code of Ethics for nurses in the Philippines was adopted to govern the practice of nursing
nurses and people, nurses and practice, nurses and co workers, nurses and society, nurses and the profession
RA 877, section 3
- Philippine Nursing Act of 1991
* Sponsored by senator Heherson Alvarez and was approved and signed by president Corazon Aquino
RA 7164
The president of the Philippines declared Oct 17, 1958 as the nurses week
Proclamation no. 539
The Philippine Medical Act
Defines the practice of physician in the Philippines
Republic Act 2382
Midwifery Law
Defines the practice of midwives in the Philippines
RA 2644
Midwifery Law
Defines the practice of midwives in the Philippines
RA 2644
-is that branch of law which defines crime and threats of their nature
Ignorance of the law excuses no one
Criminal Law
- Shall be incurred by a nurse committing a felony although the wrongful act done be different from that which he intended
- A felony may be committed by means of DOLO (deceit) and CULPA (fault)
- Both are voluntary but dolo is intentional
CRIMIMINAL LIABILITY
DOLO
(deceit)
CULPA
(fault)
ELEMENTS of DOLO
- Freedom
- Intelligence
- Intent
Elements of Culpa
- Freedom
- Intelligence
- Negligence or Imprudence
- Negligence is deficiency of perception
- Imprudence is deficiency in action
- Intelligence is the moral capacity to determine what is right from wrong
STAGES OF FELONY
- Consummated-all elements necessary for execution and accomplishment are present
- Frustrated-the offender has performed all the acts of execution to produce a felony but the crime does not result due to some cause
- Attempted-the offender begins the commission of an act but does not perform all the acts of execution which produces a felony by reason of some cause or accident
all elements necessary for execution and accomplishment are present
Consummated
the offender has performed all the acts of execution to produce a felony but the crime does not result due to some cause
Frustrated
the offender begins the commission of an act but does not perform all the acts of execution which produces a felony by reason of some cause or accident
Attempted
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
Justifying Circumstances
- No crime no criminal
- Self-defense
- Defense of relative
- Defense of a stranger
- State of necessity
- Fulfillment of a duty
- Obedience to superior order
Exempting Circumstances
- No criminal but there is a crime
- Imbecile or insanity
- Minority
- Accident
- Compulsion of Irresistible force
- Lawful causes
MITIGATING CIRCUMSTANCES
There is crime, there is a criminal, those that have effect of reducing the penalty
- Voluntary surrender
- Voluntary plead of guilty
- Deaf, dumb and blind
- Illness that diminishes the exercise of will power
- Lack of instruction
- Incomplete self-defense
- Offender is below 18 years old and over
Aggravating Circumstances-increases the penalty
- Taking advantage of official position
- Crime is committed in contempt or insult to public authorities
- Abuse of confidence or obvious ungratefulness
- Nightime
- Uninhabited place
- Crime committed during calamity
- Habitually
- In consideration of a price, promise or reward
- By means of fire, explosion, poison, and stranding of a vessel
- Evident premeditation
- Craft, fraud, or disguise is employed
- Advantage taken of superior strength
- Means employed to weaken the defense
- Treachery
- Adds ignominy to the natural effects of the crime
Alternative Circumstances-either aggravating or exempting
- Degree of relationship
- Intoxication
- Illiteracy/lack of education
Degree of verdict will depend on the participation of the offender
Principal-direct part in the execution of the crime
Accomplice-cooperate in the execution of the crime
Accessory-having knowledge of the commission of the crime and having participated therein
direct part in the execution of the crime
Principal
cooperate in the execution of the crime
Accomplice
having knowledge of the commission of the crime and having participated therein
Accessory
NURSES AND CRIME
- Assault-unlawful attempt or offer to beat or to do bodily injury to another
- Battery-unlawful beating or touching of another person without his consent
- Murder-unlawful killing of a human being by another with intent to kill (DOLO is the element)
- Homicide-is the killing of a human being without deliberate intent to kill
- ABORTION-termination or expulsion of the product of conception even before the age of viability
- Infanticide-killing a child less than 3 days old
- Parricide-committed by one who kills her/his father, mother or child whether legitimate or illegitimate
- Sexual Harassment-demands of any sexual favor from the other regardless of whether such demand, request is accepted
- Illegal detention-any private individual who shall detain another or any manner to deprive him of his liberty
- Arbitrary detention-any person in authority (public officer) who shall detain another to deprive a person of his liberty
- Simulation of Birth-any person who shall substitute one child for another or who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status
- Negligence-doing athing which a reasonably prudent nurse would not have done and not doing a thing which a reasonably prudent nurse would have done
unlawful attempt or offer to beat or to do bodily injury to another
Assault
unlawful beating or touching of another person without his consent
Battery
unlawful killing of a human being by another with intent to kill (DOLO is the element)
Murder
is the killing of a human being without deliberate intent to kill
Homicide
termination or expulsion of the product of conception even before the age of viability
ABORTION
killing a child less than 3 days old
Infanticide
committed by one who kills her/his father, mother or child whether legitimate or illegitimate
Parricide
demands of any sexual favor from the other regardless of whether such demand, request is accepted
Sexual Harassment
any private individual who shall detain another or any manner to deprive him of his liberty
Illegal detention
any person in authority (public officer) who shall detain another to deprive a person of his liberty
Arbitrary detention
any person who shall substitute one child for another or who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status
Simulation of Birth
doing athing which a reasonably prudent nurse would not have done and not doing a thing which a reasonably prudent nurse would have done
Negligence
Elements of Negligence
- Existence of a duty
- Failure to observe such duty
- Such failure resulted to harm or injury
- Wrong medication constitute negligence
refers to a negligent act committed in the course of professional performance, any professional misconduct, unreasonable fidelity in professional duties, evil practice, illegal or immoral conduct, improper discharge of professional duties which results in harm to another
Malpractice
lack of ability, legal qualifications or fitness to discharge the required duty. Incompetence is now included as ground for revocation/suspension of license
INCOMPETENCE
Let the thing speak for itself
Example: sponges left in the patient’s abdomen
DOCTRINE OF RES IPSA LOQUITOR
- Let the master answer, let the principal answer for the acts of its agent
- Master-servant, employer-employee
DOCTRINE OF RESPONDEAT SUPERIOR
Vis major, an act of God, irresistible force, one that is unforeseen or inevitable
DOCTRINE OF FORCE MAJEURE
as mandated by law, nurses must execute such orders for treatment of the patient, deviation or failure to perform this lawful act can make the nurse criminally liable
DOCTORS ORDERS
Telephone Orders
- The nurse must chart the date and time when the order was given
- The physician must sign the telephone order within 24 hours
- If another nurse witnessed the order then her signature must follow
the clinical instructor must sign the charting done by the students, attesting the accuracy and authenticity of charting
Charting done by the students
RA 9173
The patient understands the reason for proposed intervention, with its benefits and risks
Informed Consent
Informed Consent
Disclosure Voluntary Understanding Competence In our present jurisdiction, the age of majority is 18 years old.
