Philippine Nursing Act of 2002

 RA 9173

BOARD OF NURSING

Composition: Chairperson &

6 members

APPOINTMENT

? Vacancy

PNA nominates 3 per vacancy

PRC recommends two

Appointment by the PRESIDENT of the Phil

Term of office:

a. Appointed for 3 years

 reappointment for one term only

b. Appointment to vacancy shall be for the unexpired portion of the term

c. proper oath of office

 Types of appointment:

1. Regular appointment

2. Ad interim appointment

3. Doctrine of Hold- over

 BON: Qualifications:

Natural born citizen and resident

Member of good standing of PNA

RN with master’s degree

At least 10 years continuous practice of the profession prior to appointment

Last 5 years shall be in the Phil.

 Not convicted of any offense (moral turpitude)

 BON shall represent 3 areas of Nursing (Sec. 4)

Community Health Nursing

Nursing Education

Nursing Service

 BON: powers, duties, functions

Conduct Licensure examination for nurses

Issue, suspend, revoke certificates of registration

Monitor & enforce quality standards of nursing practice in the Phil.

Ensure quality education

Conduct hearings & investigations (may issue subpoena)

Promulgate CODE OF ETHICS

Prescribe, adopt, issue regulations for the improvement of the profession

 Removal/suspension (BON)

I Incompetence/ continuous neglect of duty

C commission/ tolerance of irregularities in the board exam

U unprofessional, immoral & dishonorable conduct

 Qualifications of FACULTY

Holder of master’s degree in nursing/ education/ allied health sciences

At least one year clinical practice

RN

Member with Good standing in the accredited professional organization

(Sec. 27)
BON MA in Nursing, Educ, 10
allied courses

CI/ Faculty 1
Dean MA in Nursing only 5
CN/
NsgDirector

Supervisor 9 units in mgt & 2

adm
CN primary
Hosp

Staff Nurse 0 0

Position Ma Qualification Yrs of Exp

 SCOPE OF NURSING PRACTICE

Provides nursing care: different stages of life (from conception to old age)

Promotion of health & Prevention of illnesses – independent practitioner

Initiates & performs nursing services in any health care setting - IFC

Collaborate with other health care providers for the preventive, curative & rehabilitative aspects
of care
  It shall be the duty of the nurse to: (sec 28)

Do utilize NURSING PROCESS in providing nursing care

Undertake nursing & health human resource development training & research

Teach, guide, supervise nursing students

Interrelationship/ linkages with community resources & health care team

Educate individual,families, community on health

Strict/ duty-bound observance of the CODE OF ETHICS

INACTIVE NURSES

 Nurses who have not actively practiced the profession for FIVE (5) consecutive years can
return to practice:

 ONE MONTH didactic training

 THREE MONTHS practicum

SPECIAL OR TEMPORARY PERMIT TO PRACTICE FOR LICENSED FOREIGN NURSES:

Medical mission

Outstanding expert or specialist

Professors on exchange employment

 permit valid for the duration of the project, mission or employment contract.

NURSING EDUCATION (Art.V)

 The Nursing Education Program shall provide sound general & professional foundation for the
practice of nursing

Resolved the controversy on:

 “Upper 40 percent (40%)” by deleting the provision on General Entrance Requirements found
in Sec 23 Art IV of RA 7164

 “Applicants desiring to enroll in a nursing course must belong to the upper forty percent of the
graduating class of the general secondary course, as certified by the school”
IMPACT:

 Led to a new round of proliferation of nursing schools

 There are more than 400 nursing schools in the country today

 Greater challenge: QUALITY NURSING EDUCATION

NURSING EXPERIENCES

 Learning experiences: settings

 CLASSROOM

 HOSPITAL

 HOME

 COMMUNITY

 OTHER HEALTH AGENCIES

 Learning experiences shall not be less than six (6) units or its equivalent. Sec.25

(Art IV): EXAMINATION & REGISTRATION

 In accordance with RA 8981 (PRC Modernization Act of 2000)

 Given TWICE a year

 Schedule: NOT EARLIER THAN ONE MONTH BUT NOT LATER THAN TWO MONTHS AFTER THE
CLOSING OF THE SEMESTER

QUALIFICATIONS (Admission to Licensure Examination)

 Citizen of the Philippines

 Person of good moral character

 BSN holder (recognized school: complies with the standards of nursing education)

List of documents

 TRANSCRIPT OF RECORDS

 Special order number

 Date of graduation
  Seal of the school

 Scanned picture

List of documents

 Marriage contract (for married)

 4 pcs passport size colored pix;

 Current Community Certificate

 RLE record (Chief Nurse & Dean)

 Certificate of Live birth

List of documents

 ACTUAL CASES

 Operating room

 Deliveries assisted

 Signed:

 Chief nurse

 Dean

 Clinical instructors

ratings

 General average: 75%

 No grade below 60% in any subject

 *removal exam within two years after last failed exam

RECONSIDERATION OF RATINGS

Grounds:

mechanical, clerical or clear error or malfeasance in the rating of paper

* Request filed within 90 days from date of official release of exam results
CERTIFICATE OF REGISTRATION

 Full name of the professional

 Serial number

 Signature of the chairperson of the commission & members of the board

 Official seal of the commission

 Scanned picture

Professional Identification Card

 Full name of the professional

 License number

 Date of registration

 Date of issuance and expiration

 Signature of the chairperson

 Bar code

 Picture of the RN

SUSPENSION/REVOCATION of certificate of registration/license

 Gross incompetence/serious ignorance

 Unprofessional/unethical conduct

 Malpractice/negligence

 Fraud/deceit in obtaining certificate of registration/license

 Practice of profession during suspension from the practice

 Conviction of any criminal offense involving moral turpitude

Re-issuance of revoked certificates

 Expiration of a minimum of four years from the date of revocation

  The CAUSE of revocation has disappeared/corrected

 Proper application

 Payment of required fees

PROHIBITIONS in the practice of Nursing

 Without certificate of registration/ professional license

 Use of other’s identification card (misdemeanor)

 Use of invalid/revoked/suspended certificate of registration

 Use of false evidence to the BON to obtain certificate of registration/ professional license

 Falsely poses/advertises as a registered licensed nurse

 Falsely Appending BSN/RN to his/her name

 Assisting in illegal practice

Penalties:

 a fine of not less than P50000. Nor more than P100,000. Or imprisonment of not less than 1
year nor more than six years, or both, upon the discretion of the court.
NURSING JURISPRUDENCE-

 department of law which comprise all legal rules and principles affecting the practice of
nursing.

NURSING LEGISLATION

 the making of laws, or the body of laws already affecting the practice of nursing.

LAW

 a rule of civil conduct prescribed by the supreme power in a state commanding what is right
and prohibiting what is wrong.

 LEGAL RIGHT

 a claim which can be enforced by legal means against a person whose duty is to respect it.

COURT MECHANISM:

 LAWSUIT- proceeding in court for a purpose.

Purpose:

1. to enforce a right

2. to redress a wrong

Parties to cases:

 Civil case- Complainant/ defendant

 Criminal case- Plaintiff/ accused

STATUTE OF LIMITATIONS

- the length of time following the event during which the plaintiff may file a suit.

 Example: negligence- filed within 2-3 years from occurrence.

DUE PROCESS

 is a fair and orderly process which aims to protect and enforce a person’s right.

FUNDAMENTAL REQUIREMENTS OF DUE PROCESS:

 1. Right to be informed
  2. Right to remain silent

 3. Right to a competent counsel

4. No use of violence, threat, torture

PRE-TRIAL- eliminate matters not in dispute, agree on issues or settle procedural matters.

 TRIAL- facts are presented and determined; law applied at the end.

 SUMMONS- is a writ commanding an authorized person to notify a party to appear in court to

answer a complaint made against him.

 WARRANT- presented by an arresting officer

 SUBPOENA- is an order that requires a person to attend at a specific time and place to testify
as a witness.

 SUBPOENA DUCES TECUM- is a subpoena that requires a witness to bring documents/ papers
in his possession.

 WITNESS- person giving necessary details

Nurses as witness:

 Could not divulge PRIVILEGED COMMUNICATION in a civil case- means that the nurse is
incompetent to testify on the communications made to him by the patients, all the device given
and all the information gathered by observation during the seal of secrecy.

Exceptions: 1. criminal case

2. with the patient’s consent

3. patient sued doctor for damages

 Testimonies of Facts- factual information

 no opinion unless an expert witness

 PERJURY- is the willful telling of a lie under oath.

 HEARSAY EVIDENCE- rumors, not admissible in evidence

 DYING DECLARATION or ANTE MORTEM STATEMENTS- considered hearsay unless the dying
person is a victim of a crime.

 APPEALS- review of the case by appellate court and when decided by it, the final judgment
results and matter is ended.
EXECUTION OF JUDGMENT

 Failure to comply means contempt of court

FELONIES

 acts or omissions punishable by law.

Elements:

1. Deceit-( dolo)

2. Fault-(culpa) - due to imprudence, negligence or lack of foresight/ skill

 Stages of felonies

 Degree of Felonies
degree penalty fine

CLASSIFICATION OF PERSONS CRIMINALLY LIABLE:

1. PRINCIPAL

a. By direct participation- doer of the act

b. By inducement-directly force or induce others

c. By cooperation- indispensable

 2. ACCOMPLICE

-a person who cooperates

“ accessory before the fact”- absent at the time crime is committed.

 3. ACCESSORY

“ accessory after the fact”

a. Profits

b. Conceals/ destroys evidence

c. Assists in the escape of the principal

 Circumstances affecting criminal liability

 J-E-M-A-A

 JUSTIFYING

 SELF-DEFENSE

 Unlawful aggression

 Reasonable necessity

 Lack of sufficient provocation

 Fulfillment of Duty

 Obedience to an order from superior

 Order must be lawful

 Superior acting within the scope of practice

 EXEMPTING

 Insane/imbecile

 Performance of a lawful act causes injury by mere accident

 Under 9 y/o

 Under compulsion of uncontrollable force

 Under impulse of uncontrollable fear

 Failure to perform an act required by law when prevented by some lawful cause

 MITIGATING

 Under 18y/o or over 70 y/o

 No intention to commit so grave a wrong

 Sufficient provocation/threat preceding the act

 Immediate vindication of a grave offense

 Voluntary surrender

 Deaf & dumb/ with physical defect

 Suffer from such illness that diminishes willpower

  AGGRAVATING

 Treachery/taking advantage of superior strength or position

 Price, reward, promise

 Use of fire, poison, explosion

 Calamities

 Craft, fraud or disguise employed

 Evident Premeditation

 Cruelty

 ALTERNATIVE

 May increase/ decrease criminal liability depending on the nature and effects of the crime

Relationship

Intoxication

Degree of instruction/ education

CRIMES CONCERNING THE NURSE

Parricide

 -the victim or offender is the

 1. father

 2. mother

 3. brothers/sisters

 4. ascendants

 5. descendants

 6. Spouse

 The killing of another human being

 -The killing of another human being with any of the aggravating circumstances provided by
law.

 treachery
- the killing of an infant less than three days

or 72 hours.

 ACTS OF LASCIVIOUSNESS

 MALICIOUS MISCHIEF

 PHYSICAL INJURIES

1. Serious Physical Injuries

2. Less Serious Physical Injuries

3. Slight Physical Injuries

 ANTI- RAPE LAW (RA 8353)

I.

 A. MARITAL RAPE

 B. STATUTORY RAPE

II. Anyone who inserts his penis into the oral orifice of another by force is liable under this law.

III. Anyone who inserts anything into the anal orifice or genitalia of another is liable under this law.

 ROBBERY

- Anyone who gets the personal property of

another with the use of force,violence or

intimidation.

 THEFT

-anyone who gets

the personal property of another without the latter’s permission.

 ASSAULT

- imminent threat of harmful/ offensive body contact

 BATTERY

- intentional, unconsented touching of another person.

  ILLEGAL DETENTION/ FALSE IMPRISONMENT

- Deprive another of his freedom of

movement or space.

 Patient restraint

 SIMULATION OF BIRTH

 1. Pretend that a woman gave birth

2. Substitution or exchanging of babies in the nursery

 3. intentionally putting wrong information in the birth registration form

 DEFAMATION

1. Slander- oral

2. Libel- written

 INVASION OF PRIVACY

THE RIGHT TO BE LEFT ALONE, FREE FROM UNWARRANTED PUBLICITY, RIGHT TO LIVE ONE’S LIFE

* Nurses liable if they divulge any information from patient’s chart to

improper or unauthorized persons.

 MISDEMEANOR

 An act less than a felony.

 GUIDELINES TO PREVENT CRIMINAL LIABILITY:

1. Be very familiar with the Philippine Nursing law

2. Be familiar with the laws affecting nursing practice

3. Know agency rules, regulations, policies

4. Upgrade skills and competence

5. Develop good IPR with co-workers

6. Consult superior as needed

7. Verify vague/ erroneous orders

8. Always keep doctor updated regarding patient

9. Ensure accurate recording and reporting

10. Get informed consent

11. Do not delegate responsibilities to others

LEGAL CONSIDERATIONS IN CHARTING:

1. Don’t tamper with medical records- (ARD)adding, rewriting and destroying original record

2. Observe agency’s standards on documentation

 complete, concise, specific, use standard abbreviation

 TELEPHONE ORDERS

 TIPS FOR AVOIDING LEGAL PITFALLS:

1. Patient Falls

 do proper assessment

 appropriate assistance

 use protective measures

 document all nursing

interventions

2. Medication errors

 observe 7 R’s of drug administration

 Check dr’s order

 Understand the medication you will administer

 Consult drug handbook/ pharmacy

 Not exempt from liability for following dr’s order

3. Equipment injuries

 refuse to use a device

not know how to operate

  report adverse events

to superiors

 monitor patient regularly

 bring questionable

orders to the attention

of the doctor or superior


Failure to communicate

 promptly report changes in the patient’s symptoms and signs of distress to the Dr

 proper documentation of all assessments and telephone conversations with the Dr

 NURSES AND CONTRACTS

 CONTRACT- agreement between at least two parties which create an obligation recognized by
law.


Elements of a valid contract:

1. given freely/ voluntarily- no coercion/ pressure

2. competent parties- 18 yrs old, sound mind

3. lawful object- within the bounds of law

4. valid consideration- has monetary value

Essential requisites:

1. Consent

2. Object certain

3. Cause of the obligation

 Types of Contract:

1. Implied- terms are inferred from actions of contracting parties.

2. Expressed- verbal/ written, terms are specified/ given at the time the contract is made.

3. Void or inexistent- inexistent from the very beginning therefore may not be enforced. Ex: contrary
to law.

4. Illegal - expressly prohibited by law like obtained through fraud, undue influence or duress.

5. Voidable/annullable- one of the parties is incapable of giving consent

5. Formal- agreement among parties and is required to be in writing by special laws. Ex: marriage,
Deed of sale

6. Informal- concluded as a result of a written document where the law does not require the same to
be in writing.

Q: A person entered the clinic of a doctor for treatment.What type of contract?

Q: A person entered the clinic of a doctor for treatment.What type of contract?

 BREACH OF CONTRACT- failure without legal excuse to perform any promise which forms the
contract.

 The following constitute breach of contract for nursing service:

1. Prevention of performance

2. Failure of performance because of inconvenience or difficulty

3. Abandonment of duty

4. Substitution of performance
  Legal excuses in refusing or failure to perform a contract:

1. Discovery of material misrepresentation

2. Where performance will be illegal

3. Impossible by reason of illness

4. Impossible by death of patient or nurse

5. Made for other reasons

6. Contract is insufficient

 Will

 an act whereby a person is permitted with formalities of law to control to certain degree the
disposition of a state to take effect after his death.

 DECEDENT- person whose property is transmitted through succession.

 TESTATOR- a decedent who left a will

 HEIR- a person called to succession

TYPES OF SUCCESSION:

1. Testate- a person dies leaving a will.

2. Intestate- a person dies without leaving a will.

 TWO KINDS

1. Notarial will- acknowledged before a notary public, with attestation clause

2. Holographic will- entirely written, dated and signed in the handwriting of the testator

 Who makes wills:

1. those not expressly prohibited by law

2. 18 yrs old

3. sound mind


Who could be witnesses:

1. sound mind
2. 18 and above

3. not blind, deaf or dumb

4. able to read and write

 NURSE’S OBLIGATION IN THE EXECUTION OF A WILL:

1. Note the soundness of client’s mind and to ensure that there is freedom from fraud/ undue
influence.

2. Note that the will is signed by the testator.

3. Note that the witnesses shall be present at the time and sign in the presence of testator.


GIFTS MORTIS CAUSA

 disposing of gifts by a person in anticipation of death/ belief in approaching death.

Limitations:

1. limited to personal properties

2. acceptance by the recipient

3. gifts are revocable and subject to the claims of creditors without proof of intent of defrauding them