NURSING JURISPRUDENCE/ LEGAL SPECTS OF NURSING EVOLUTION OF THE PHILIPPINE NURSING LAW Flashcards

1
Q

Act No. 2493
“An Act to Amend 310, Regulating the Practice of Medicine and Surgery in all their Branches, to repeal
Section 1 Act No. 1632 and Act No. 1651, And to Provide for the Examination and Registration of Nurses in
the Philippine Islands”
Approved on February 5, 1915
A law that regulates the practice of medicine in the Philippines
Sections 7 & 8 are considered the 1st law affecting the practice of nursing in the country

A

Act No. 2493

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2
Q

Act No. 2808
The 1st true “Philippine Nursing Law”
Approved on March 1, 1919
Also known as “The Nursing Law”

A

Act No. 2808

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3
Q

Act No. 3025

Approved on March 8, 1922
Amended sections of Act 2808

A

Act No. 3025

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4
Q

Act No. 3438

A

Approved November 28, 1928
Amended Act 3025

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5
Q

Act No. 4007
Approved on December 5, 1932
Effected on January 1, 1933
“The Reorganization of Law 1932”

A

Act No. 4007

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6
Q

Approved on July 1, 1972
Standardized the examination and registration fees charged by the Examining Boards
Amended R.A. 465

A

Republic Act No. 6511

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7
Q

Republic Act No. 465

A

Approved June 1950
Reorganized all the Board of Examiners and placed them under the supervision of the President of the
Philippines

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8
Q

Republic Act No. 4704

A

“An Act to Amend Certain Sections of R.A. No. 877 Known as the Philippine Nursing Law”
Took effect on June 18, 1966
Amended R.A. 877

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9
Q

Republic Act No. 877

A

The Philippine Nursing Law”
Took effect June 19, 1953
Included: (a.) the organization of the Board of Examiners for Nurses, (b.) provisions regarding nursing schools
and colleges, (c.) examination, registration of nurses and, (d.) provisions relative to nursing practice

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10
Q

Republic Act No. 7164

A

“An Act Regulating the Practice of Nursing in the Philippines”
“Philippine Nursing Act of 1991”
Approved on November 21, 1991
* Redefinition of the scope of nursing practice; not only bedside
* Educational qualification of master’s degree for faculty and deans of colleges of nursing
* Educational qualifications of administrators of nursing service
* Inclusion of the phrase “unethical conduct as one of the reasons for revocation and suspension of
certificate of registration”
* IV therapy training is required
* Legal basis of specialty certification council

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11
Q

Republic Act No. 6136

A

“An Act Amending Subparagraph 7 of Section 17 of R.A. 877, as Amended, Known as The Philippine Nursing
Law”
This amendatory law addressed the need to regulate the application of treatments and medication including
the application hypodermic and intramuscular injections
Giving injections must have written orders from the doctor
IV and other injections may be administered under direction and in presence of a physician
The previous order in writing shall not be necessary provided, that the application and execution of such
order is made in the presence of a physician
This does not apply to nursing students

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12
Q

Allegiance

A

the duty of loyalty and obedience with a subject or citizen owes to his government

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13
Q

Doctrine of Jus Sanguines

A

nationality is determined by the law of his descendant parentage (descent
from parent)

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14
Q

Citizen

A

a member or state who owes allegiance

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15
Q

Natural-born Citizen –

A

those who are citizens of the Phil from birth without having to perform any act to
acquire or perfect their citizenship

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16
Q

Doctrine of Jus Soli

A

nationality is determined by the law of the place of his birth

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17
Q

Moral Turpitude –

A

anything which is done contrary to justice, honesty, modesty or good morals, or any act
that is considered as vile or evil, base or depraved contrary to the accepted rule of right & duty between man
& his fellow man

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18
Q

Stages in Appointment

A

NO – nomination by the PNA
R – recommendation by the PRC
A – appointment by the President

19
Q

Section 5 Requirements Upon Qualification as Member of the Board of Nursing.

A
  • shall immediately resign
  • not have any pecuniary interest…
  • this prohibition is reflective of the Constitutional provision on conflict of interest where one is not
    allowed to directly or indirectly practice
20
Q

Section 6, Term of Office

A

Shall hold office for a term of (3) years & until their successors shall have been appointed & qualified
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.

21
Q

Section 7, Compensation of Board Members

A

Shall receive compensation & allowances comparable to the compensation & allowances received by the
Chairperson & members of other professional regulatory boards compensation & salary grades provided by
the Salary Standardization Law.

22
Q

Section 8, Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support
Services

A

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.

23
Q

Section 9 Powers and Duties of the Board

A

P – prescribe, adopt, issue & promulgate guidelines & regulations, promulgate a code of ethics
I – issue, suspend or revoke certificates of registration
E – ensure quality nursing education
C – conduct licensure exam for nurses, conduct hearings & investigations to resolve complaints against nurse
practitioners
E – enforces quality standards of nursing practice & recognizes nursing specialty organizations

24
Q

Section 10. Annual Report

A

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.

25
Q

Sec 11, Removal or Suspension of Board Members

A

The President may remove or suspend any member…on the following grounds:
I incompetence; continued neglect of duty
C commission or toleration of irregularities in the licensure examination; &
U unprofessional, immoral or dishonorable conduct

26
Q

suspension

A

– temporary withdrawal or cessation from employment

27
Q

removal

A

– forcible & permanent separation of the incumbent from office before the expiration of his term

28
Q

Sec 12, Licensure Examination

A

written exam given by BON in such place & dates designated by PRC
- general rule, “must pass” to be issued Certificate of Registration & Prof License
- exemptions (RN pre-9173)

29
Q

Section 14, Scope of Examination -determined by the BON

A

B – broad area of nursing
O – objectives of nursing curriculum
O – other related disciplines

30
Q

Section 13, Qualification for Admission to Licensure

A

B – BSN graduate,
C – citizen of the Philippines or by reciprocity, and
G – good moral character (suspended by PRC Resolution No. 2004-192)
the new law mandates that the school must likewise comply w the established standards of nursing education

31
Q

Sec 17, Issuance of COR/Prof License

A
  • COR: name, serial #, signature of the Chairperson of PRC & BON, official seal of PRC
  • PIC: signature of PRC Chairman, date of registration, license #, date of issuance, date of expiry
32
Q

Section 15, Ratings

A
  • general ave of 75%, none below 60% in any subject= PASSED
  • if FAILED, take removal/renewal exam on subject below 60%
  • score must be 75% & above
  • should be taken w/in 2 yrs of the failed exam
33
Q

Section 14, Scope of Examination -determined by the BON

A

B – broad area of nursing
O – objectives of nursing curriculum
O – other related disciplines

34
Q

Section 16, Oath

A

successful candidates are required to take the oath
a. before the BON
b. gov’t official authorized to administer oaths
- may be in English or Tagalog

35
Q

Section 18, Fees for Examination & Registration

A

applicants for licensure & for registration shall pay the prescribed fees set by Commission - Php900.00+/-

36
Q

Section 21, Practice through Special & Temporary Permit

A

M - medical mission,
I - internationally well-known experts or specialists, and
X - exchange professor.

37
Q

Section 19, Automatic Registration of Nurses

A

all nurses whose names appear at the roster of nurses shall be automatically ipso facto (by the very fact or
act) registered as nurses under this Act upon its effectivity.
How many ways can one be registered to practice nursing here in the Philippines?
R - reciprocity,
E - examination and
S - special or
T - temporary permit.

38
Q

Section 20, Registration by Reciprocity

A

registration/license may be issued w/o exam to nurses under the laws of a foreign state or country: when
requirements in said country grant same privileges to Fil RNs on the same basis:
S – same
T – title
R – requirement for licensure
3 – 3 yrs resident
P – privilege

39
Q

Section 23, Revocation & Suspension

A

Co – conviction
Co – conduct is immoral or dishonorable
Not – not of sound mind
G – gross incompetence or ignorance
U – use of fraud, deceit or false statement
M – malpractice, negligence & violation of R.A. 9173

40
Q

Section 22, Non-Registration & Non-Issuance

A

Co – convicted by final judgment
Co – conduct is immoral or dishonorable
Not – not to be of sound mind

41
Q

Section 24, Re-Issuance of Revoked CORs & Replacement of Lost Certificates

A

Pro – proper application & payment
Ca – cause of revocation has disappeared, cured & corrected
Re - reasons of equity and justice; maximum of 4 years

42
Q

-this Act shall take effect 15 days upon its publication

A

Section 41, Effectivity

43
Q

-Any part of the Act that is declared unconstitutional, the remaining parts that are not shall continue to be
valid and operational

A

Section 39, Separability Clause

44
Q

-R.A. 7164 is repealed likewise anything that is inconsistent with this Act

A

Section 40, Repealing Clause