Nursing as a Profession (2)

8/3/2019 Nursing as a Profession (2)

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ARTART BeingBeing anan art,art, dealsdeals withwith skillsskills thatthat requirerequiredexteritydexterity andand proficiencyproficiency

SCIENCESCIENCE systematicsystematic andand wellwell--defineddefined bodybody ofofknowledgeknowledge whichwhich utilizesutilizes scientificscientific methodsmethods andandproceduresprocedures inin thethe applicationapplication ofof nursingnursing processprocess

SocialSocial ScienceScience primordialprimordial interestinterest isis manmanwhetherwhether wellwell oror sicksick.. tt isis involvedinvolved inin totaltotal qualityqualitypatientpatient carecare whenwhen givinggiving thethe patientpatient prescribedprescribedmedicationmedication oror treatmentstreatments..

PrimaryPrimary focusfocus isis thethe individualsindividuals responseresponse toto healthhealth

relatedrelated problemsproblems


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a. Promote health

b. Prevent illness

c. Restore health andd. To alleviate sufferings


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an occupation or calling requiring advanced training and experience insome specific or specialized body of knowledge which provides service tosociety in that specific fields.

Criteria of a Profession:

Must satisfy an indispensible social need and must be based upon wellestablished and socially accepted scientific principle.

It must demand adequate pre-professional and cultural training It must demand the possession of a body of specialized and systematized

training It must give evidence of needed skills which the public does not possess; that

is skills which are partly inherent and partly acquired It must have developed a scientific technique which is the result of tested

experience It must require the exercise of discretion and judgment as to time and

manner of performance of duty.


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A professional nurse is a person who hasA professional nurse is a person who hascompleted a basic nursing education and iscompleted a basic nursing education and is

licensed on his/her country or state tolicensed on his/her country or state topractice professional nursing.practice professional nursing.

A CALLING which its MEMBERS profess to haveacquired a UNIQUE body of knowledge &

SKILLS for purpose of guiding & caring OTHERS.


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CHARACTERISTICS OF A PROFESSION

Autonomy- independence and self-governace Authority- having an expertise/competent/highly advanced

skills, knowledge or mastery not common to the generalpublic

Accountability- being responsible to ones own actions;liable in the consequences of its action

FOUR FOLD RESPONSIBILITY OF A NURSE Promotion of health

Prevention of illness

Alleviation of suffering

Restoration of health

Spiritual Healthholistic care


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ArticleVISection 28. Scope of Nursing. - A person shall be deemed to be practicing nursing within the

meaning of this Act when he/she singly or in collaboration with another, initiatesand performs nursing services to individuals, families and communities in any

health care setting.

It includes, but not limited to, nursing care during conception, labor, delivery,infancy, childhood, toddler, preschool, school age, adolescence, adulthood, andold age.

As independent practitionersnurses are primarily responsible for the promotionof health and prevention of illness.

A members of the health team, nurses shall collaborate with other health careproviders for the curative, preventive, and rehabilitative aspects of care,restoration of health, alleviation of suffering, and when recovery is not possible,towards a peaceful death. It shall be the duty of the nurse to:


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(a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited to,

traditional and innovative approaches, therapeutic use of self, executing health care techniques and

procedures, essential primary health care, comfort measures, health teachings, and administration of written

prescription for treatment, therapies, oral topical and parenteral medications, internalexamination during laborin the absence of antenatal bleeding and delivery. In case ofsuturing of perineal laceration, special training shall

be provided according to protocol established;

(b) establish linkages with community resources and coordination with the health team; (c) Provide health education to individuals, families and communities; d) Teach, guide and supervise students in nursing education programs including the administration of nursing

services in varied settings such as hospitals and clinics; undertake consultation services; engage in such activities

that require the utilization of knowledge and decision-making skills of a registered nurse; and

(e) Undertake nursing and health human resource development training and research, which shall include, but

not limited to, the development of advance nursing practice;

Provided, That this section shall not apply to nursing students who perform nursing functions under the directsupervision of a qualified faculty: Provided, further, That in the practice of nursing in all settings, the nurse is

duty-bound to observe the Code of Ethics for nurses and uphold the standards of safe nursing practice. The

nurse is required to maintain competence by continual learning through continuing professional education to be

provided by the accredited professional organization or any recognized professional nursing organization:

Provided, finally, That the program and activity for the continuing professional education shall be submitted to

and approved by the Board.


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Professional Preparation

Have a license to practice nursing in the country

Have a Bachelors Degree in Nursing

Physically and mentally fit

Personal Qualities and Professional Proficiencies

Interest and willingness to work and learn with individuals groups in a variety ofsettings

A warm personality and concern for people

Resourcefulness and creativity as well as a well balanced emotional condition

Capacity and ability to work cooperatively with others

Initiates to improve self and service

Competence in performing work through the use of nursing process

Skills in decision making, communicating and relating with others and beingresearch oriented

Active participation in issue confronting nurse and nursing


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Within the context of the Philippine society, nursing education with caring as its

foundation, subscribes to the following core values which are vital components in thedevelopment of a professional nurse and are emphasized in the BSN program:

1.1 Love of God

1.2 Caring as the core of nursing

a. Compassion

b. Competence

c. Confidence

d. Conscience

e. Commitment (commitment to a culture of excellence, discipline, integrity and professionalism)

1.3 Love of People

a. Respect for the dignity of each person regardless of creed, color, gender and political affiliation.

1.4 Love of Country

a. Patriotism (Civic duty, social responsibility and good governance)

b. Preservation and enrichment of the environment and culture heritage


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Key Areas of Responsibility for which the nurse should demonstrate competence:

1.Safe and quality nursing care

2. Management of resources and environment

3. Health education

4. Legal responsibility

5. Ethico-moral responsibility

6. Personal and professional development

7.Quality improvement

8.

Research 9. Record Management

10.Communication

11.Collaboration and teamwork


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Ethos - comes from Greek work w/c means character/culture Branch of Philosophy w/c determines right and wrong Moralpersonal/private interpretation from what is good and bad.

Ethical Principles Autonomy the right/freedom to decide (the patient has the right to

refuse despite the explanation of the nurse) Example: surgery, or anyprocedure

Nonmaleficence the duty not to harm/cause harm or inflict harm to

others (harm maybe physical, financial or social) Beneficence- for the goodness and welfare of the clients Justice equality/fairness in terms of resources/personnel Veracity the act of truthfulness (benevolent deception) Fidelity faithfulness/loyalty to clients


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Considerate and respectful care

Relevant, current and understandable information Make decisions regarding his care plan

Have advance directive (living will)

Every consideration of his privacy Confidentiality of communications and records Review his records concerning his medical care

Be informed of business relationship among the hospitaleducational institution

Consent or decline to participate experimental researchaffecting his care

Reasonable continuity of care when appropriate and beinformed of other care options

Be informed of hospital polices and practices


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Confidential information is also termed asprivileged communicationbecause it is given based on trust

Confidential information may be revealed only when: The patient himself or herself permits such revelation as in the case of claim of

hospitalization, insurance benefits, among others

The case is of medico legal such as attempted suicide, gunshot wounds which will have

to be reported to the local police or NBI or constabulary

The patient is ill of communicable disease

Given to the health team if information is relevant to his care

Living Wills or Advance Directives the patient designatesa health carerepresentative usually a member of the family, a friend or a family

physician to make decision for him/her when he/she is unstable to makehis/her own health care decision.


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Moral Principles

1. Golden Rule

2. T

he Principle ofTotality

The whole is greater than its parts3. Epikia There is always an exemption to the rule

4. One who acts through as agent is herself responsible (instrument tothe crime)

5. No one is obliged to betray herself You cannot betray yourself

6. T

he end does not justify the means7. Defects of nature maybe corrected8. If one is willing to cooperate in the act, no justice is done to him9. A little more or a little less does not change the substance of an act.10. No one is held to impossible


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Actual Duty is ones real duty in a given situation. It is an action one ought tochoose from among many other actions.

Prima Facie Duty is one that directs or commands what one ought toperform when other relevant factors are not taken into account.

Duty of FIDELITY Duty of REPARATION Duty of GRATITUDE Duty of JUSTICE

Duty of BENEFICENCE Duty of SELF IMPROVEMENT Duty of NON MALIFICENCE


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A nurse who renders first aid or treatment at

the scene of an emergency and who does so

within the standard of care, acting in goodfaith, is relieved of the consequences


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Definition of Terms

Nursing Jurisprudence- embodies all the laws, rules, doctrines and principles, legal concerns, opinions and decision ofcompetent authority regarding governance and regulation in relation with the practice of nursing

Legislation- making of rules and principles Rights- inborn claim which a person is permitted to have, to do and receive from others within the parameters

permitted by the law Court- body where disputes are settled and where you enforced your rights Writ- mandatory rule of action

Writ of Prohibition Writ of Mandamus Writ of QuoWarranto Writ ofHabeas Corpus

Injunction- refrain from doing an act Preliminary injunction- pendency of the case during the hearing Final injunction- granted after the case is settled Process- means to compel defendant/witness to appear in court Warrant- order directed to a person to do an act giving him protection from damages when he does an act Search warrant- searching for material/personal property to be presented in the court Subpoena ad testificandum Subpoena duces tecum Summon notice to a defendant/accused ordering him to appear in court to answer the complaint against him

Plaintiff- complaining party; used in civil cases

Defendant- person charged of a crime

Accuser- private party represented by the state; used in criminal cases

Witness- has knowledge of the fact pertaining to the case; testify to the genuineness of the makers signature in an instrument ExpertWitness- person who is qualified to testify based on special knowledge, skills, experience and training regarding to the case

Damage Damages


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Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall anyperson be denied theequal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, andeffects againstunreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no searchwarrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judgeafter examination under oath or affirmation of the complainant and the witnesses he may produce, andparticularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolableexcept upon lawful order

of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in

any proceeding. Section 4.No law shall be passed abridging the freedom of speech, ofexpression, or of the press, or the

right of the people peaceably to assemble and petition the government forredress of grievances. Section 5. No law shall be made respecting an establishment ofreligion, or prohibiting the freeexercise

thereof. The free exercise and enjoyment of religious profession and worship, without discrimination orpreference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abodeand of changing the same within the limits prescribed by law shall not beimpaired except upon lawful order of the court. Neither shall the right to travel be impairedexcept in the

interest of national security, public safety, or public health, as may be provided by law. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to

official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as togovernment research data used as basis for policy development, shall be afforded the citizen, subject to suchlimitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to formunions,associations, or societies for purposes not contrary to law shall not be abridged.

Section 9.Private property shall not be taken for public use without just compensation. Section 10. No law impairing the obligation of contracts shall be passed.


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Section 11. Free access to the courts andquasi-judicial bodies and adequate legal assistanceshall notbe denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to beinformed of his right to remain silent and to have competent and independent counsel preferably of hisown choice. If the person cannot afford the services of counsel, he must be provided with one. Theserights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall

be used against him. Secret detention places, solitary, incommunicado, or other similar forms ofdetention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in

evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as

compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when

evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released onrecognizance as may be provided by law. The right to bail shall not be impaired even when the privilegeof the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and

shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of theaccusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,and to have compulsory process to secure the attendance of witnesses and the production of evidencein his behalf. However, after arraignment, trial may proceed notwithstanding the absence of theaccused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasionor rebellion, when the public safety requires it.


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Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,

quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof

the party shall have been duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment

inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving

heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shallbe reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or

detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall

be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act

is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar

to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.


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An act providing for a more responsible Nursing Profession,repealing for the Proposed RA 9174 otherwise known as thePhilippineAct of 1991

The State hereby guarantees the delivery of quality basic health servicesthrough an adequate nursing personnel system throughout the country.

nursing care during conception, labor, delivery, infancy, childhood,toddler, preschool, school age, adolescence, adulthood, and old age. Asindependent practitioners, nurses are primarily responsible for thepromotion of health and prevention of illness. A members of the healthteam, nurses shall collaborate with other health care providers for thecurative, preventive, and rehabilitative aspects of care, restoration ofhealth, alleviation of suffering, and when recovery is not possible,towards a peaceful death. Covers direct nursing care; linkages with thecommunity health; teaching in nursing; nursing and health humanresources


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Professional Regulatory Board of Nursing composed of chairperson andsix members.

BON is appointed by the Presidentofthe Republic BON should be:

Naturalborn and resident ofRP Member or with good standingAPO

RN with MA degree (majority has MA degree)

10 years of continuous practice

Not have been convicted of any offense involving moral turpitude

Member of the BON shall represent nursing service, education,

community health nursing BON should not be engage in supervision, teaching and review for BSN BON appointed is three years until, replacement is appointed Removal or Suspension of BON after due process due to neglect ofduty or

incompetence; irregularities in licensure exam; immortality,unprofessional and dishonest conduct


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How to Pass the BOARD Exam? Must obtain a general weighted average of at least seventy five percent (75%)

no rating below sixty percent (60%) in any subject REMEMBER:If an examinee obtains a general weighted average of 75% but

has a rating below 60% in any or only subject, the examinee must take theexamination again but only on the subject where he/she rated below 60%


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FIELDSOFNURSING Hospital or Institutional Nursing- comprises all the staff nurses or nursing personnel

giving the basic component of comprehensive patient care and family health in thehospital or related health facilities

Public Health Nursing (Community Health Nursing)- the focus of nursing care ismore on the health promotion and health prevention rather than care of the sick; it

gives emphasis on the care of the family and community rather than individual basis School Nursing- responsible for all school activitiesmonitoring growth and

development, screening health problems concerning the school the health needs,environmental safety, health education and health promotion of school children

Occupational Health Nursing or Industrial Nursing- the practice give emphasis onthe promotion, protection and supervision of workers health condition and thesafety of his working environment

Maternal and ChildHealth Nursing- focus on the care and safeguards the health and

safety of mothers and children Nursing Education- pertains to nurses under teaching or administrative staff of

school or other educational institution PediatricCareNursing- nursing care for the sick child Private Duty Nursing- independently have a contract with patient which the nurse

will provide a comprehensive nursing care in one-on-one ratio Nursing Administration- participates in the formulation of policies and objectives in

an administrative institution or similar establishments


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-SUPERVISION OF PATIENTS- Application of principles based upon the biological, physical and social sciences as well as execution of nursing

procedures being responsible for the performance of every nursing procedure and technique for the recoveryof the patient being careful and conscientious in the discharge of duties to avoid liabilities for damages.

-OPERATION OF PATIENTS-

The nurse attends to the matter of securing the patients signature on the form for giving consent to surgery A form is called operating permit is usually provided by the hospital for the purpose.

-UNAUTHORIZEDDISCHARGE OF PATIENTS- When a patient insists on leaving the hospital against the advice of the doctor, the nurse should require him to

sign a statement whereby he assumes full responsibility for leaving the hospital and releases the hospital

personnel from any responsibility.

-CONCEPTOFACCOUNTABILITY- The accountability of the nurse to the patient, physician or to the public has a reference to the quality of

nursing care she renders.

A contractual obligation which a nurse assumed exposes her to a certain degree of accountability; the term

accountability carries the idea of sanction or penalty


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License- it is a legal document granted by the government whichpermits a person, who has knowledge and skills in a particular field, torender services for the public, where such practice would be unlawfulwithout a license.

What is the purpose of REGISTRION?

REMEMBER: The primary purpose of registration is tosafeguard the health of the people by setting minimumstandards that should be meet by the qualified practitioners

POINTS TO PONDER:

**OATH: Oath-Taking of profession before the Board or anyauthorized government officials is required to thosecandidates who successfully passed the examination

**AUTOMATIC REGISTRATION: An automatic registrationfor nurses shall be given provided that his/her name appearin the roster of nurses


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-QUALIFICATIONSFORADMISSIONTO LICENSUREEXAMINATION- citizen of the Philippines subject of a country which permits Filipino nurses to practice within

its territorial limits on the same basis as the subject or citizen of such country, PROVIDED,the requirements for the registration or licensing of nurse in said country are substantially thesame as those prescribed in this Act.

of good moral character holder of a Bachelors Degree in Nursing

-REQUIREMENTS FOR EXAMINATION- original transcript of records record of actual related learning experiences actual number of operating room scrubs and deliveries assisted certificate of live births marriage contract (if married, for female applicants) 4 passport size pictures with white background Community tax certificate-RATINGS- must obtain a general weighted average of at least seventy five percent (75%) no rating below sixty percent (60%) in any subject


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If an examinee obtains a general weighted

average of 75% but has a rating below 60% inany or only subject, the examinee must take

the examination again but only on the subjectwhere he/she rated below 60%


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Female citizen of the Philippines who marries an alien

Is it possible that Philippine citizen may be lost orreacquired?

What is a natural born citizen? Jus sangunis doctrine

The child follows the citizenship of his father

Jus solis doctrine

The nationality of a person is determined by the law of the place of hisbirth

Naturalization

Act of adopting a foreigner and giving him the priviledge of a nativecitizen


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Reciprocity means mutuality in the grant and enjoyment of privilegesbetween person or nations. As applied to the profession it is a relationestablished by law, treaty or agreement between two countries or states,whereby each country or states grants citizens of each other the privilege tothe practice of the profession within respective territorial justification.

Based on the principle of do ut des Registration by Reciprocity (RA 9173Sec 20)- a

certificate of registration/professional license may begranted without examination to nurses registered underthe law of foreign state or country provided that:

requirements in the said country are the same underthis Act laws of such country granted the same privileges to the

registered nurse in the Philippines


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Section 16. Oath. - All successful candidates

in the examination shall be required to take

an oath of profession before the Board or anygovernment official authorized to administer

oaths prior to entering upon the nursingpractice.

It is within 15 fifteen days upon the release ofthe results of the licensure


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unprofessional and unethical conduct causes like

convicted by final judgment of any criminal offense

guilty of immoral or dishonorable conduct

declared by the court to be of unsound mind gross incompetence of serious ignorance malpractice or negligence use of fraud, deceit, or false statements

practice during suspension violation of this Act, rules and regulation, code

of Ethics and technical standards for nursingpractice, policies of the Board

REMEMBER:Suspension of the certificate ofregistration or professional

license shall be for a period not to exceed 4 years


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-REQUIREMENTSFORINACTIVE NURSESRETURNINGTOPRACTICE-

(Nurses who doesnt actively practicing the profession for 5consecutive years)

one moth of didactic training three months of practicum


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-POWERANDDUTIESOFTHE BOARD- QUASI-LEGISLATIVE- making laws

promulgate a code of ethics in coordination and consultation with the accredited professional organizationof nurse

recognize nursing specialty organization with the accredited professional organization

prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions that are necessaryfor the improvement of nursing practice

QUASI-JUDICIAL- hearing conducts hearings and investigations to resolve complaints against nurses for violations, unethical and

unprofessional conduct

issues subpoena ad testificandum & subpoena duces tecum to secure appearance of respondents &production of documents and punish with contempt for non-compliance, impeding & or otherwiseinterfering with the conduct of the proceedings

POLICEPOWER- implementing laws

conduct the licensure examination

issue, suspend or revoke certificates of registration monitor and enforce quality standards of nursing practice

ensure quality nursing education

recognize nursing specialty organizations in coordination with accredited professional organization

exercise powers necessary to ensure the maintenance of efficient, ethical, technical and moral professionalstandards in the practice of nursing taking into account the health needs of the nation.


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The POWER to regulate the established profession in the Phil. And to examine theapplicants to practice the same is vested upon the PRC as created by the RA 223.

BON is the regulatory body with respect to the nursing profession

CREATIONANDCOMPOSITION OFTHE BOARD- A chairperson and six members, appointed by the President of the Republic of the

Philippines Two (2) nominees per vacancy of the PRC chosen and ranked from a list of three (3)

nominees per vacancy of the accredited professional organization of nurses

-QUALIFICATIONS- natural born citizen and resident of the Philippines good standing of the accredited professional organization of nurses

Registered Nurse, Master of Arts in Nursing, Master of Arts in Education orother allied profession from university duly recognized by the Government;provide that majority are Master of Arts in Nursing; Chairman is Master of Artsin Nursing holder

At least ten (10) years of continuous practice, the last five (5) years in thePhilippines

Not convicted to any offense involving moral turpitude


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REMEMBER: Membership of the Board shall represent the 3 areas: (1) Nursing Education (2) Nursing Service (3) Community Health

Nursing

REMEMBER: Any person appointed as the Chairman or member ofthe Board shall immediately resign to any teaching position,review program in any local nursing board examination or anyoffice or employment in the government.

-TERMOFOFFICE- 3 years ; can be reappointed for another 3 years any vacancy in the Board occurring shall be filled for the

unexpired portion of the term only (HOLD OVER DOCTRINE) the Board shall be under the supervision of PRC


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QUASI-LEGISLATIVE- making laws promulgate a code of ethics in coordination and consultation with the accredited professional organization of nurse recognize nursing specialty organization with the accredited professional organization prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions that are necessary for the

improvement of nursing practice

QUASI-JUDICIAL- hearing conducts hearings and investigations to resolve complaints against nurses for violations, unethical and

unprofessional conduct

issues subpoena ad testificandum & subpoena duces tecum to secure appearance of respondents & production ofdocuments and punish with contempt for non-compliance, impeding & or otherwise interfering with the conduct ofthe proceedings

POLICE POWER- implementing laws

conduct the licensure examination issue, suspend or revoke certificates of registration monitor and enforce quality standards of nursing practice ensure quality nursing education recognize nursing specialty organizations in coordination with accredited professional organization

exercise powers necessary to ensure the maintenance of efficient, ethical, technical and moral professionalstandards in the practice of nursing taking into account the health needs of the nation.


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Negligence- the doing of that thing which a reasonably prudentperson would not have done or the failure to do that thing which areasonably prudent person should have done; commission oromission of an act

-ESSENTIAL CONDITIONS- The existence of a duty on the part of the person

charged, to protect the complaining party fromthe injury received.

Failure to meet standard care Foreseability of harm resulting from failure to

meet standard An injury resulting from such failure


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Doctrine ofRes Ipsa Loquitor: Let the thing speaksfor itself

Doctrine ofRespondeatSuperior: Let the master

answers for the acts of the subordinate Doctrine ofForceMajeure: Act of God

Captain of theShipDoctrine: the leader of the teamis the one liable in the actions of its members

Doctrine ofCorporateLiability: it id the liability ofthe hospital if in the case a defectiveequipments/failure lead to harm/injury of the patient

Incompetence- lack of ability


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Doctrine ofRes Ipsa Loquitor: Let the thing speaksfor itself

Doctrine ofRespondeatSuperior: Let the master

answers for the acts of the subordinate Doctrine ofForceMajeure: Act of God

Captain of theShipDoctrine: the leader of the teamis the one liable in the actions of its members

Doctrine ofCorporateLiability: it id the liability ofthe hospital if in the case a defectiveequipments/failure lead to harm/injury of the patient

Incompetence- lack of ability


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Criminal law refers to those actions that have been declared illegal. Theyare prosecuted by the state (city, state or country). The defendant is found guilty

beyond a reasonabledoubt or found not guilty. In criminal law, a guilty defendant is punished by either (1) incarceration in a jail

or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution

of the defendant: the death penalty.

C

ivilL

awdeals with disagreements between citizens were no crime

has been committed, or a separate cause of action even when a crimehas been committed.


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Torts- committed against a person or property which resulted todamage. The person who committed these acts are held liable in a civilaction

Assault- threatening harm or offensive bodily

contact Battery- intentional, unconsented touching ofanother

FalseImprisonment orIllegal Detention-detention of a person without legal consent

Invasion ofProperty and Breach ofConfidentiality- violation to the right to privacy

Defamation- character assassination whetherwritten (libel) or verbal/oral (slander)


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CRIMINALLIABILITY Crime/Felony- an act or omission punishable by law (revised Penal

Code) which can be done by dolo (with intent) or culpa (without

intent) Omission- failure to do a duty Intent- purpose to use a particular means to affect a

result (deliberate intent freedom and intelligence) M

otive- moving power which impels one to act for adefinite result


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-PERSONS CRIMINALLYLIABLE-1. Principal by direct participation- direct commits the crime by inducement- induce the performance of the crime by indispensable cooperation- with his presence, the crime

take place2.Accomplice- accessory before the fact; cooperate in the

execution of the offense3.Accessory- accessory after the fact ; having the knowledge

of the commission of the crime profiting themselves or assisting others to profit concealing, destroying body of the crime, effects,

instruments to prevent its discovery harboring concealing, assisting the escape of the principal


48/49

Consummated- elements of crime have beenfulfilled/accomplished

Frustrated- without intention of not fulfilling thecrime; some elements are done

Attempted- no elements have been fulfilled


49/49

Grave Felonies- attaches to capital punishment

(death) and imprisonment ranging from 6 yearsto life imprisonment

Less Grave Felonies- correctional (from one

month to 6 years)

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Nursing as a Profession (2)