Salient aspects of the Philippine Nursing act law (RA 9173), Code of ethics and Legal responsibilities of nursesObjective1. RA 91732. Code of Ethics3. Legal Responsibilities

RA 2808- very first nursing law

RA 7164- old nursing law- only had 5 members

RA 9173- new nursing law- Philippine Nursing Act of the year 2002- a Revision of the old nursing law

Composition of the Board of Nursing (BON)- 1 chairperson (RN, MAN only)- 6 members of the board (Major has to RN, MAN)- 7 in total

Distinction between Amendment vs Revision- Amendment= to beautify/improve a low; teacher corrects paper with only few mistakes- Revision= rewrite the whole law; start all over; RA 9173 is a revision of the old nursing law

Powers of BON (Section 9)- Conduct the Licensure Examination- Issue, suspend or revoke Certificates of Registration for the practice of Nursing- Monitor and enforce quality standards of Nursing Practice in the Philippines- Ensure quality Nursing Education- Quasi-Judicial power- Quasi-legislative power- Executive power- Promulgate the Code of Ethics

__________________________________________Conduct NLE- Sec 12- Sec 11- Sec 5

Sec 12- BON: conduct the licensure exam- PRC: set the date and venue of the exam- RA 8981: PRC Modernization Act Law

Section 12- All are required to pass the written board examination, which shall be given by the BOARD is such places and dates designated by the PRC. Provided, that it shall be in accordance with RA 8981, known as the PRC MODERNIZATION ACT LAW.

PRC Modernization Act Law - the computerization of the board exam

Section 11: Removal or Suspension of Board Members- Grounds for removal1. Continued neglect of duty2. Commission or toleration of irregularities in Licensure examination3. Unprofessional, immoral or dishonorable conduct

Duty of the BON1. Prepare new set of question for the licensure exam2. Preserve the integrity and honesty of the board exam

Section 5: Qualification before Appointment to BON1. Any person appointed to the BON shall immediately RESIGN form ANY EMPLOYMENT

2. Any person appointed to the BON shall not have any PECUNIARY INTEREST.

Sec 5 summary1. Resign2. No pecuniary interest

__________________________________________Section 9: Issue the License- Sec 13- Sec 15- Sec 16- Sec 17

Qualifications for Admission in the NLE: Section 131. FILIPINO CITIZEN (Natural Born or Naturalized FIlipino Citizen )2. BSN GRADUATE (Transcripts of record plus RLE Requirements3. GOOD MORAL CHARACTER

RA 6809- Age of Majority: 18 years old

Board Rating: Section 15- An examinee must obtain a GENERAL AVERAGE OF 75% with no grade below 60% in one particular subject* Removal exam: 75% general average within 2 years* Controversial: Take the NLE for the Fourth time; law is still being amended

Oath Taking: Section 16- all qualified candidates are REQUIRED to take the oath before the BON or to any GOVERNMENT OFFICIAL authorized to administer the oath.* within 15 days of passing the board

Professional Identification Card: Section 17- License Number- Date of Registration

- Date of Issuance and Expiration- Signature of the Chairperson of the Commission* Renew on your birth month

Certificate of Registration: Section 17- Stamp given by the government that a person is now in possession of the knowledge, skills, and competence to practice the profession.- it shall show:1. Name of the Registrant2. Serial Number3. Signature of the Chairperson of the Commission and the members of the Board4. Official Seal of the Commission

__________________________________________Due Process of the Law- It is a law that HEARS first before imposing a punishment- TRIAL or HEARING before punishment

Quasi-judicial power* BON monitor, enforce, ensure quality education and nursing practice* BON recommend the closure of a nursing school* CHED official that close of a nursing school

Quasi-legislative power* make: policies, rules, regulation, guidelines, resolutions

Executive Power- Section 8- Section 6- Procedure in the Appointment of BON

Administrative Supervision of the Board, Custodian of its Records: Section 8

Office of the PresidentV

PRC (Custodian of All Records of BON) V

BON

How to get Citizenship- Jus Sangguines: through blood- Jus Soli: place of birth

* if born in an airplane, where the plane is registered is it's citizenship

Procedure in The APPOINTMENT of BON- Per Vacant Position in the BON

PNA Three (3) Nominees

VPRC

Two (2) RecommendeesV

President of the Philippines One (1) Appointee

Term of Office: Section 6- BON shall serve for a period of 3 years- 3 kinds of Appointment1. REGULAR APPOINTMENT when one is appointed to serve as a BON for a period of 3 years2. AD INTERIM- when one is appointed to serve only for the unexpired period of term of a regular appointee3. HOLD OVER- when the period of term is about to lapse, prescribe, or end, and the appointee is again requested to stay in power until such time that a newly appointed BON will take his/her place

__________________________________________Practice of the Profession- License- permission to practice the profession- considered as a PRIVILEGE/JURISDICTIONAL- not a right but a privilege

* Fraudulent Misrepresentation: using another's license

When can you be allowed to practice outside the territory of the Phils using your local License?- Under Section 20 by RECIPROCITY AND 21 by SPECIAL PERMIT of the RA 9173- Reciprocity * "reciprocus"- re (back) and pro (forward) * "du et des"- I give that you may also give- an agreement established by law or treaty between two countries whereby each country grants to the citizens of the other the privilege of being admitted to the practice of professions

Special Permit: Section 21- well know Specialist or outstanding experts. (Internationally Recognized)- Free Medical Mission- Exchange of Professors

Revocation and Suspension of License: Section 23- for unprofessional or unethical conduct- for gross incompetence and serious ignorance- for the use of fraud, deceit, false statement in obtaining a Certificate of Registration- Malpractice- Negligence- Violation to the Code of Ethics

__________________________________________Res Ipsa loquitor (The thing speaks for itself)- the nurse failed to make used of appropriate judgement- the instrument used is within the exclusive control of the nurse- no voluntary participation on the part of the patient* all 3 has to be present

Respondeat Superior(Let the master answer for the liability of his employee)- there must be an employer-employee relationship

- the liability of the employee must be work-related* all elements must be present

__________________________________________Code of Ethics- Fundamental Responsibilities of a Nurse- Nurse should render services regardless of religious belief, political belief, or creed- Nurse should render services on any ground of medical neutrality- Nurse protects life and should respect the dignity of patient (by respecting pt bill of rights)- Nurse works in collaboration with the members of the health team

Freedom of Religion- Two aspects of freedom of religion:a. Freedom to BELIEVE-ABSOLUTEb. Freedom to ACT-RELATIVE (It must be in conformity to the law, morals, customs and traditions)

Ruling for Unconscious/Conscious Patient- if the patient is unconscious, all medical practitioners are authorized to perform anything to their patient which they think is best for the patient. (THERAPEUTIC PRIVILEGE)- if the patient is conscious, all medical practitioners are not authorized to perform anything to their patient which they think is best for their patient. Liability is BATTERY.

Section 28. Scope of NursingA person shall be deemed to be practicing nursing wihtin the meanin d o

....scope

B .Establish Linkage with community resourcesC. Provide health EDUCATION to INDIVIDUALS, FAMILIES AND COMMUNITIESD. Teach, guide, and supervise the nursing students in nursing Programs- undertake in consultation services- engage yourselves in decision making skills

BILL OF RIGHTS OF PATIENTS- Right to Information/Consent- Right to Make Decisions/Autonomy- Right to Privacy and Confidentiality- Right to Abode/Travel- Right to Quality Care

Right to Self-DeterminationJustice Cardozo

" A person who is of a sound mind and of legal age shall have the right to determine what is supposed to be done to his body"

Rule in Giving Consent- Patient himself/ patient herself- If the patient is married the consent of the spouse is not necessary

* void from the very beginning: parents married 16 you that is not sound of mind* Order of Priority: 1. Parents2. Grandparents3. Eldest Sibling4. Uncles/Aunts5. Godparents6. Fiancé7. Best friend8. Teacher* Patient with conflict: nurse side with patient

Privacy of Communication

- Privacy of Communication shall be INVIOLABLE except upon:1. the order of the Court2. When Public Safety requires it* nurses are the custodian of the records* information is only release only when the pt gives permission

Subpoena Ad Testificandum- court order directing a witness to appear at a given date and time

Subpoena Duces Tecum- court order directing a witness to bring records, papers or medical charts

Testimony of Facts- testifying only on what he knows based on facts

Testimony of Opinion- may only be given by expert witness

Expert Witness- one who is qualified to test based on based on special knowledge, skills, and training

Perjury- false swearing under oath

Privilege Against Self Incrimination- right not to answer any question that will incriminate him/her

Hearsay Evidence- repetition of what the witness has heard others say

Ante Mortem Statement- dying declarations, considered hearsay except when made by a victim of a crime

Liberty of Abode/Travel

- Liberty of abode/travel shall not be impaired except;1. Upon the order of the Court2. When public safety requires it

Tort- Legal wrong, committed against a person or property independent of a contract which renders the person who commits it liable for damages in a civil action.- Ex:Assault- imminent threatBattery- unconsented touching another of person

False Imprisonment or Illegal Detention- unjustifiable detention of a person without a legal warrant. (Doctrine is liberty of abode)

Invasion of Right to Privacy/Breach of Confidentiality- (Privacy of Communication)

Defamation- character assassination, be it written or spoke

Slander- oral defamation of a person by speaking unprivileged or false words by which his reputation is damage

Libel- defamation by written words

Malpractice

Negligence

Confidentiality- anything that is related to the health care of the pt

Privacy

- anything that is not related to the health care of the pt

Ethical PrinciplesBeneficence: do good to your patient; during, after the actNon-maleficence: do no harm to your patient; before the actVeracity: tell the truthJustice: give what is due to the patient: management of resources, prioritize of pts, n-p ratioFidelity: loyalty to one's patient; do what is promisedAutonomy: right of patient to make the decision/right to self determination

__________________________________________Reapplication for a Revoked License: Section 24- One has the right to reapply for a revoked license after the expiration of a MAXIMUM PERIOD of FOUR (4) years in the interest of Justice and Equity- Provided that the reasons for the revoked license had already been cured and corrected

Inactive Nurses- Failure of one to practice the nursing profession for FIVE CONSECUTIVE YEARS will make on to be inactive- Requirements to be back in nursing profession:

a. One (1) Month Diactic Trainingb. Three (3) Month Practicum

In a Hospital Accredited by BON

__________________________________________

Qualifications of BON: Section 4- Natural born Filipino Citizens and resident of the Philippines- Be a member f good standing of the Accredited Professional Organization of Nurses:- Be a registered Nurse and a holder of Master's degree in Nursing, Education or other Allied Medical Profession* old law RA 7164 stated only RN, MAN* new law RA 9173 included RN, MA Ed & RN, MA. Allied Medical Profession

Qualifications of BON- Have at least 10 years of continuous practice of the profession prior to the appointment. * That the last 5 years of which shall be in the Philippines- Not have been convicted of any crime involving moral turpitude.

BON- BON shall represent the following areas of nursing

a. Nursing Educationb. Nursing Servicec. Community Health Nursing

Qualification of the Dean: Section 27- 5 years of Clinical Experience- RN, MAN

Qualification of the Clinical Instructor: Section 27- 1 year of Clinical Experience- RN, MAN or RN, MA.ED or RN, with ALLIED MEDICAL PROFESSION

Qualification of the Chief Nurse- at least 5 years experience in Supervisory or Managerial Position- RN, MAN

Qualification of the Chief Nurse in the Military

- at least 5 years of Supervisory or Managerial Position- RN, MAN and MASTERS DEGREE in the MILITARY STAFF COURSE

Supervisor or Managerial Position: Section 29- RN- 2 years of experience of General Service Administration- 9 units in Management and Administration Courses

__________________________________________Legal Responsibilities

Will- is an act whereby a person disposes of his property to take effect after his deathTestator/Testatrix: is a person who makes the willProbate: to prove the validity of the will in Court is know as a probateEscheat: when his property is transferred in the name of the Republic of the Philippines

Two kinds of Will:1. Holographic Will- when the testator entirely writes down the will. Date and signature of the testator should be indicated in the will2. Notarial/Nuncupative/Authenticated Will- when the testator orally makes the will and will ask someone to write it down or him

Two kinds of Succession:1. Testate- when there is a will executed by the testator2. Intestate- when there is no will executed by the testator by the testator- 1/4 Spouse, 1/4 Free Portion, 1/2 Distributed equal to Children

Living WIllAdvanced Directives: - when a patient makes the directions as to what will be done to him just in case he/she can no longer make the decisionDurable Power of Attorney: - when one patient appoints someone to make the directions as to what will be done to himLast WIll and Testament: - pertains to properties

PD 651: registration of birth certificate after 50 days

Contract- it is an agreement between two persons which creates an obligation recognized by the law- Elements of a valid Contract:

a. Consent must be freely givenb. Competent partiesc. Legal Objectsd. Valid Considerations

Two Kinds of Contract1. According to Format2. According to Statement

According to Format1. Formal Contract- it is written down and it follows at all times the legal documents2. Informal Contract- it is orally done or written down but it does not follow the legal documents

According to Statement1. Expressed Contract- the terms and conditions are written down and the beginning and ending of the contract are also expressed. e.g. Job Description2. Implied Contract

- it is actually based on the reaction and behavior of the contracting parties

Lawsuits- are proceeding in court- Purpose:

* to enforce a right* to redress a wrong

Parties:a. Criminal Action

- Complainant- Respondent

b. Civil Action- Plaintiff- Defendant

Moral Turpitude- an act of baseness, vileness or depravity in social order- (Any act that is AGAINST THE LAW)

- Kinds of Moral Turpitude1. Murder- unlawful killing of human being with intent to kill. It is committed with Premeditated Intention ("Dolo"-Deceit)2. Homicide- killing of a human being by another, It is committed Without Criminal Intent ("Culpa"-Fault)3. Abortion- the expulsion of the product of conception before the age of viability4. Infanticide- killing of the child less than 3 DAYS of age5. Parricide- crime by reason of blood relationship on a direct line. It is committed by one who kills his/her father, mother, or child whether legitimate or illegitimate, and of his/her ascendants or descendants, his/her spouse or any of his legally adopted children

* not including siblings because they are at a collateral line6. Robbery/Theft- crime against a property- Robbery is committed with FORCE upon persons or things7. Controlled Substances- RA 9165 know as "The Comprehensive Dangerous Drug Act" covers the administration and manufacture, distribution, and dispensing of drugs8. Simulation of Birth- getting a birth certificate without an actual birth9. Substitution of Birth- switching

LiabilitiesPrincipal

1. Direct Participation: - Doer, Executor, Performer

2. Inducement: -Order, Command, Influence,

Convince, Persuade

Accomplice- Before the Act- Essential, Material, Necessary

Accessory- After the Act

[TableCriminal Case:- for imprisonment- filed in Court- use of moral turpitude- Judge will:

* Conviction- Guilty* Acquitted- Innocent

- Complainant/Respondent- To attend: Subpoena testeficandum- Subpoena ducec tecum-Accused of: Homicide, Murder ect...

__________________________________________Civil Case (Administrative Case)- for revocation/suspension of license- filed in PRC- conducted by the BON- Grounds for filling: Section 23 RA 9173- To attend Summon- Subpoena ducec tecum- Accused of: Malpractice, Negligence ect...]

Circumstances that Affect Criminal LiabilitiesExempting Circumstance1. Imbecile or Insane person, unless he acted with lucid interval2. the person is Under 9 years of age3. Over 9 years but Under 15 unless he/she acted with Discernment (if they already know the consequences of their own action)4. when it is a mere Accident5. when the person acted under the Impulse of an Uncontrollable Fear6. when the person acted under the Compulsion of an Irresistible Force* there will be no case

Mitigating Circumstances1. When the offender is Under 18 years or Over 70 years of age2. When there is Voluntary Surrender3. When there is Passion/Obfuscation (darken;confuse)4. When there is Sufficient Provocation5. When the person is Deaf-Mute, Dumb, or BLind6. When there is No Intention to commit so grave a wrong as the one committed7. Any kind of Mental Illness that will Diminish Will Power* lower the penalty by 1 degree* stacks for each circumstance* still liable

Aggravating Circumstances1. When one takes Advantage of Public Position2. When there is an Abused of Confidence3. When the crime is committed Inside the Church4. Wen the crime committed on the Occasion of FIre, Shipwreck, Earthquake, Epidemic or other Calamity5. When it is committed because of a Price, Reward6. When it is committed in times of Natural Calamities7. When it is committed with Evident Premeditation8. When it is committed with Craft, Fraud, and Disguise* raise the penalty by 1 degree

Justifying Circumstance1. When there is an Unlawful Aggression2. When the person is Under Imminent Danger3. When the means employed in order to Prevent or to Stop the aggression must be Reasonable* the law of self defense* all 3 elements MUST be present

DefinitionSubpoena Ad Testificandum- court order directing a witness to appear at a given date and time

Subpoena Duces Tecum- court order directing a witness to bring records, papers or medical charts

Testimony of Facts- testifying only on what he knows based on facts

Testimony of Opinion- may only be given by expert witness

Expert Witness- one who is qualified to test based on based on special knowledge, skills, and training

Perjury- false swearing under oath

Privilege Against Self Incrimination- right not to answer any question that will incriminate him/her* you cannot be be your own witness* Incriminating: use of imagination/mind* not incriminating: mechanical act; actions ex taking finger prints, pregnancy test

Hearsay Evidence- repetition of what the witness has heard others say

Ante Mortem Statement- dying declarations, considered hearsay except when made by a victim of a crime