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JOFRED M.

MARTINEZ, RN, MAN


NG Review and Training Center, Inc.
Iloilo City, Philippines

ETHICOMORAL/ LEGAL ASPECTS OF HEALTH CARE AND NURSING PRACTICE


PROFESSION
Is a calling that requires special knowledge, skill and
preparation.
An occupation that requires advanced knowledge and
skills and that it grows out of societys needs for special
services.
CHARACTERISTICS OF A PROFESSION
A basic profession requires an extended education of
its members, as well as a basic liberal foundation.
A profession has a theoretical body of knowledge
leading to defined skills, abilities and norms.
A profession provides a specific service.
Members of a profession have autonomy in decision-
making and practice.
The profession has a code of ethics for practice.
NURSING
A discipline involved in the delivery of health care to
the society.
A helping profession
Service-oriented to maintain health and well- being of
people.
An art and a science.
Has completed a basic nursing education program
a. Two-year associate in Health Science Education (ASHE)
S.Y. 1998-1999
a. Four-year BSN Prototype Curriculum
S.Y. 2008-2009
Licensed to practice nursing in the country
Qualifications for admission to PNLE
a. He/she is a citizen of the Philippines, or a citizen or
subject of a country which permits Filipino nurses to
practice within its territorial limits;
b. He/she is of good moral character; and
c. He/she is a holder of a Bachelor's Degree in Nursing
from a college or university that complies with the
standards of nursing education duly recognized by the
proper government agency.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Ratings
An examinee must obtain a general average of at least
75% with a rating of not below 60% in any subject.
An examinee who obtains an average rating of 75% or
higher but gets a rating below 60% in any subject must
take the examination again but only in the subject or
subjects where he/she is rated below 60%.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Ratings
An examinee must obtain a general average of at least
75% with a rating of not below 60% in any subject.
An examinee who obtains an average rating of 75% or
higher but gets a rating below 60% in any subject must
take the examination again but only in the subject or
subjects where he/she is rated below 60%.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Oath Taking of Nurses
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.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Oath Taking of Nurses
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.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Oath Taking of Nurses
Oathtaking can be hosted by the:
respective schools of the board passers
PRC Regional Offices in coordination with the
Accredited Professional Organization (APO) provided
that they get clearance from the Board of Nursing and
the Professional Regulation Commission main office.
individual oath-taking before the Board of Nursing
(BON) or PRC officials
Registration of Nurses
All nurses whose names appear at the roster of nurses
shall be automatically or ipso facto registered as
nurses under this Act upon its effectivity.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Registration by Reciprocity
A certificate of registration/professional license may be issued
without examination to nurses registered under the laws of a
foreign state or country.
The requirements for registration or licensing of nurses in said
country are substantially the same as those prescribed under this
Act.
The laws of such state or country grant the same privileges to
registered nurses of the Philippines on the same basis as the
subjects or citizens of such foreign state or country.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Non-registration and Non-issuance of Certificates of
Registration/Professional License
No person convicted by final judgment of any criminal offense
involving moral turpitude or any person guilty of immoral or
dishonorable conduct or any person declared by the court to
be of unsound mind shall be registered and be issued a
certificate of registration/ professional license or a
special/temporary permit.
The Board shall furnish the applicant a written statement
setting forth the reasons for its actions, which shall be
incorporated in the records of the Board.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Revocation and suspension of Certificate of Registration/
Professional License
a. Unprofessional and unethical conduct;
b. Gross incompetence or serious ignorance;
c. Malpractice or negligence in the practice of nursing;
d. Use of fraud, deceit, or false statements in obtaining a
certificate of registration/professional license;
e. Violation of this Act, Code of Ethics for nurses and
technical standards for nursing practice, policies of the
Board and the Commission; or
Revocation and suspension of Certificate of Registration/
Professional License
f. For practicing his/her profession during his/her
suspension from such practice;
The suspension of the certificate of registration/
professional license shall be for a period not to exceed
four (4) years.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
Re-issuance of Revoked Certificates and Replacement of
Lost Certificates
The Board may, after the expiration of a maximum of 4
years from the date of revocation of a certificate, for
reasons of equity and justice and when the cause for
revocation has disappeared or has been cured and
corrected, upon proper application therefor and the
payment of the required fees, issue another copy of
the certificate of registration/ professional license.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration
JOFRED M. MARTINEZ, RN, MAN
NG Review and Training Center, Inc.
Iloilo City, Philippines
Responsibility is the obligation to perform duties, tasks
or roles using sound professional judgement and being
answerable for the decisions made in doing this.
Accountability is being able to give an account of ones
nursing judgements, actions and omissions.
Accountability is about maintaining competency and
safeguarding quality patient care outcomes and
standards of the profession, while being answerable to
those who are affected by ones nursing practice.
ACCOUNTABILITY TO THE CLIENT
The foremost accountability of the nurse is to the client. You
hold yourself out to the client as someone having the special
knowledge, training and skills associated with nursing.
ACCOUNTABILITY TO THE EMPLOYER
As an employee you have the responsibility to work within the
scope of employment as defined by the employer.
You are responsible to know your terms of employment, and to
work within those terms.
ACCOUNTABILITY TO THE PROFESSION
As a nurse you are accountable to meet the standards
of your profession. These standards may be contained
in the nursing Act itself or in Regulations accompanying
that Act.
NURSING JURISPRUDENCE

NURSING LEGISLATION
LAW
TYPES OF LAW ACCORDING TO
SOURCE OF AUTHORITY
Divine Law laws authored
by God
Human Law laws authored
by men
TYPES OF HUMAN LAW
PRIVATE OR CIVIL LAW

PUBLIC LAW
PUBLIC LAW department of law which is
concerned with the state in its political or sovereign
capacity. It is a law that applies generally to people
of the state adopting or enacting it.
Criminal Law treats the nature, extent and
degree of every crime and adjusts to it the
adequate and necessary penalty.
International Law the law which regulates the
intercourse of nations
Public International Law control the
conduct of independent state in their relation
to each other.
Private International Law conflict law
Political Law Regulates the relation between
the state and individuals that compose it.
Constitutional Law - law that relates the
constitution, as a permanent system of
political and juridical government, as
distinguished from statutory and common
law, which relate to matters subordinate to
such constitution.
Administrative Law the body of rules and
regulations and orders and decisions created
by administrative agencies of government.
Law of Public Administration
Law of Public Corporation
Private Law law that relates the private
matters which do not concern the public at
large
Civil Law organizing the family and
regulating property.
Commercial Law relates to the rights of
property and the relations of persons
engaged in commerce.
Remedial Law methods of enforcing rights
or obtaining redress (correcting the wrong)
THE GOOD SAMARITAN LAW
A nurse, therefore, who renders first aid or
treatment at the scene of an emergency and
who does so within the standard of care, acting
in good faith, is relieved of the consequences of
the act.
LAWSUIT
PARTIES TO A CASE
Complainant VS Defendant: CIVIL CASE
Plaintiff VS Accused: CRIMINAL CASE
WITNESS
an individual held upon to give necessary details either
for the accused or against the accused
STATUTE OF LIMITATIONS
Refers to the length of time
following the event during which
the plaintiff may file a suit.
DUE PROCESS
A fair and orderly process which
aims to protect and enforce a
persons right.
FUNDAMENTAL REQUIREMENTS OF DUE PROCESS
1. Right to be informed
2. Right to remain silent
3. Right to competent counsel
4. No use of violence, threat, torture
5. Right to know the witness face to face
PHASES OF DUE PROCESS
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.
WRITTEN ORDERS OF COURT
WRIT- legal notes from court
SUBPOENA - an order in court
Duces tecum (papers) bring
documents, objects, materials,
chart to court
Ad testificandum (person)
testify as witness at a specified
time and place
WRITTEN ORDERS OF COURT
SUMMON - a writ commanding an authorized person
to notify a party to appear in court to answer a
complaint made against him.
WARRANT - a writing from a competent authority in
pursuance of law, directing the doing of an act
addressed to a person competent to do it
TYPES OF WARRANT
Warrant of arrest - a court order to
arrest or detain a person
Search warrant - a court order to
search for properties
LEGAL CONCEPTS AND ISSUES IN NURSING
LIABILITY: is an obligation or debt that can be enforced
by law. A person who is liable for malpractice is usually
required to pay for damages.
DAMAGES: refers to compensation in money
recoverable for a loss of damage.
NEGLIGENCE failure to do
something which a reasonable and
prudent person should have done.
Types of negligence
Commission wrong doing
Omission total neglect of care
didnt do anything
ELEMENTS OF NEGLIGENCE
Existence of a duty on the part of the person charged
to use due care under circumstances
Failure to meet the standard of due care
The foreseeability of harm resulting from failure to
meet the standard
The fact that the breach of this standard resulted in an
injury to the plaintiff
One shall act with justice, give
every man his due, observe
honesty and good faith.
- Civil Code, Article 19
Those who, in the performance of
their obligations through
negligence cause any injury to
another, are liable for damages.
- Civil Code, Article 19
TYPES OF NEGLIGENCE
As a crime (culpa criminal)
Felony committed by culpa or fault
due to imprudence, lack of
foresight, lack of skills, negligence
As torts (culpa contractual)
Negligence malfeasance,
misfeasance, non-feasance
Malfeasance performance of an act which ought not
to be done
Misfeasance improper performance of some act
which might lawfully be done
Nonfeasance omission of some act which ought to
be performed
TYPES OF NEGLIGENCE
As quasi-delict (culpa aquiliana)
No pre-existing contractual relations
Negligence, lack of due care
EXAMPLES OF NEGLIGENCE
Burns
Objects left inside the patients body
Falls of elderly
Falls of children
Failure to observe and take appropriate action as
needed
SPECIFIC EXAMPLES OF NEGLIGENCE
Failure to report observations to attending physicians
Failure to exercise the degree of diligence which the
circumstances of the particular case demands
Mistaken identity
Wrong medicine, wrong concentration, wrong route,
wrong dose
the thing speaks for itself
Doctrine that infers negligence from the very nature
of an accident or injury in the absence of direct
evidence on how any defendant behaved.
Elements
The injury is of the kind that does not ordinarily occur
without negligence.
The injury is caused by an agency or instrumentality within
the exclusive control of the defendant.
The injury-causing accident is not by any voluntary action
or contribution on the part of the plaintiff.
The defendant's non-negligent explanation does not
completely explain plaintiffs injury.
let the master answer"
Doctrine that a party is responsible for (has vicarious
liability for) acts of their agents.
There are three considerations generally:
Was the act committed within the time and space
limits of the agency?
Was the offense incidental to, or of the same general
nature as, the responsibilities the agent is authorized
to perform?
Was the agent motivated to any degree to benefit the
principal by committing the act?
good father of a family"
The employer is liable upon finding that he has been
negligent in the selection of his employees (culpa in
eligiendo) or in the supervision of his employees
(culpa in vigilando).
Frolic and Detour
Detour occurs when an employee or agent makes a
minor departure from his employer's charge.
Frolic is a major departure when the employee is acting
on his own and for his own benefit, rather than a minor
sidetrack in the course of obeying an order from the
employer.
"He who acts through another does the act himself."
The master is obliged to perform the duties by
employing servants, he is responsible for their act in
the same way that he is responsible for his own acts.
"superior force"
Essentially frees both parties from liability or obligation when
an extraordinary event or circumstance beyond the control of
the parties, such as a war, strike, riot, crime, or an event
described by the legal term act of God (hurricane, flood,
earthquake, volcanic eruption, etc.), prevents one or both
parties from fulfilling their obligations under the contract.
EXAMPLES OF MALPRACTICE
Anesthesia related complications
Failure to follow advance
directive
Failure of hospital or pharmacy
to dispense the right medicine,
dosage
Legal defense in negligence
Nurses should know and attain that standard of care in
giving service and that they have documented the care
they give in a concise and accurate manner
If the patients careless conduct contributes to his own
injury, the patient cannot bring suit against the nurse.
MALPRACTICE
Acts or conducts that are not
authorized or licensed or
competent or skilled to perform,
resulting to injuries or non-
injurious consequences
Negligent act committed in the
course of professional performance
ELEMENTS OF MALPRACTICE
Duty of the nurse
Dereliction or breach of duty
Direct result (injury or harm)
Damages
Exceeds the limits of the
standards of care
Foreseeability of harm
EXAMPLES OF MALPRACTICE
Misdiagnosis of an illness, failure
to diagnose or relay diagnosis
Birth Injuries
Surgical Complications
Prescription errors
Failure to provide treatment
EXAMPLES OF MALPRACTICE
Anesthesia related complications
Failure to follow advance
directive
Failure of hospital or pharmacy
to dispense the right medicine,
dosage
INCOMPETENCE
Is the lack of ability, legal qualifications or fitness to
discharge the required duty
Although a nurse is registered, if in the performance of
her duty she manifests incompetency, there is ground
for revocation or suspension of her certificate of
registration
Liability of nurses for the work of unlicensed assistive personnel
Unlicensed assistive personnel (UAP) are unlicensed
health care providers trained to function in a supportive
role by providing patient/client care activities as
delegated by the RN.
The term includes, but is not limited to nurse aides,
orderlies, assistants, attendants, or technicians.
Liability of nurses for the work of unlicensed assistive personnel
Nursing aides perform selected nursing activities under
the direct supervision of nurses.
Their responsibilities usually pertains to the routine
care of chronically ill patients. They are therefore
responsible for their own actions.
Five Rights of Delegation:
Right Task: The task is appropriate for delegation;
Right Circumstances: The appropriateness of the
patient setting, available resources, and other relevant
factors are considered;
Right Person: The right person is delegating the right
task to the right person to be performed on the right
person;
Five Rights of Delegation:
Right Direction/Communication: A clear, concise
description of the task, including its objective, limits
and expectations is given; and
Right Supervision: Appropriate monitoring, evaluation,
intervention, and feedback are provided (NCSBN, 1995).
Responsibilities and duties of a UAPs
Observing, documenting and reporting clinical and treatment
information, including patients' behavioral changes
Assisting with motion exercises and other rehabilitative
measures
Taking and recording blood pressure, temperature, pulse,
respiration, and body weight
Assisting with ambulation and mobilization of patients
Responsibilities and duties of a UAPs
Collecting specimens for required medical tests
Providing emotional and support services to patients, their
families and other caregivers
Assisting with personal hygiene
Assisting with meal preparation, grocery shopping, dietary
planning, and food and fluid intake.
LIABILITY OF NURSES FOR THE WORK OF NURSING STUENTS
Under R.A. 9173, nursing students do not perform
professional nursing duties.
Nursing students should be under supervision of their
clinical instructors in order that the errors committed by
nursing students will be avoided or minimized.
They should be given assignments that are their level of
training experience and competency.
LIABILITY FOR THE WORK OF NURSING STUDENTS
They should be advised to seek guidance if they are
performing a procedure for the first time.
They should be oriented to the policies where they are
assigned.
Their performance should be assessed frequently to
determine their strength and weaknesses.
R.A. 6675 states that only validly registered medical,
dental, and veterinary practitioners are authorized to
prescribe drugs.
All government health agencies shall use generic
terminology or generic names in all transactions related
to purchasing, prescribing, dispensing and
administering of drugs and medicines.
Generics Act of 1988
Drug outlets, including drugstores, hospital and non-
hospital pharmacies and non-traditional outlets such as
supermarkets and stores, shall inform any buyer about
any and all other drug products having the same generic
name, together with their corresponding prices so that
the buyer may adequately exercise, his option.
Generics Act of 1988
In accordance with R.A. 5921, all prescriptions must contain
the following information:
name of the prescriber
office address
professional registration number
professional tax receipt number
patients/clients name, age, and sex, and date of
prescription. Pharmacy Law
Role of the nurse in drug administration
The nurse is also responsible for ensuring that they have
the knowledge to ensure the correct administration of
drugs. This includes pharmacology, anatomy and
physiology, and legal issues.
Medication charts are legal documents and must be
completed accurately and unambiguously in order to
ensure that patients receive safe and optimal drug
therapy.
Role of the nurse in drug administration
The nurse is also responsible for ensuring that they have
the knowledge to ensure the correct administration of
drugs. This includes pharmacology, anatomy and
physiology, and legal issues.
Medication charts are legal documents and must be
completed accurately and unambiguously in order to
ensure that patients receive safe and optimal drug
therapy.
Philippine Nursing Act of 1991 Section 28 states that in the
administration of intravenous injection, special training
shall be required according to protocol established
Board of Nursing Resolution No. 8 states that without
such training and who administers intravenous injections
to patients shall be held liable either criminally under Sec
30 Art. VII of said law or administratively under sec 21 Art
III or both (whether causing or not an injury or death to
the patient)
SCOPE OF DUTIES AND RESPONSIBLITIES IN IV THERAPY
Interpretation of the doctors orders for IV therapy
Performance of venipuncture, insertion of needles,
cannulas except TPN and cut down
Preparation, administration, monitoring and termination
of intravenous solutions such as additives, intravenous
medications, and intravenous push
Administration of blood/blood products as ordered by the
physicians
SCOPE OF DUTIES AND RESPONSIBLITIES IN IV THERAPY
Recognition of solutions and medicine incompatibilities
Maintenance and replacement of sites, tubing, dressings,
in accordance with established procedures
Establishment of flow rates of solutions, medicines, blood
and blood components
Utilization of thorough knowledge and proficient technical
ability in the use/care, maintenance, and evaluation of
intravenous equipment
SCOPE OF DUTIES AND RESPONSIBLITIES IN IV THERAPY
Nursing management of total parenteral nutrition, out-
patient intravenous care
Maintenance of established infection control and aseptic
nursing interventions
Maintenance of appropriate documentation, associated
with the preparation, administration and termination of
all forms of intravenous therapy.
Doctors should limit telephone orders to extreme
emergency where there is no alternative. Nurse should
read back such order to the physician to make certain the
order has been correctly written.
Such order should be signed by the physician within 24
hours
The nurse should sign the physicians name per her own
and note the time and order was received
Created as a means of communication
among health care practitioners.
Serve two important functions: to
provide legal documentation, and
obtain third party payments (e.g.
health insurance)
If information is not charted, it was
not done or observed
Supplies rich material for medical and nursing research
Serves as a legal protection for the hospital, doctor, and
nurse by reflecting the disease or condition of the
patient and his management.
if it was not charted, it was not observed or done
Nurses are expected to record fully, accurately, legibly
and promptly their observations from admission to the
time of the patients discharge.
Nurses are legally and ethically bound to protect the
patients chart from unauthorized person.
CHARTING DONE BY STUDENT NURSES
When a nurse or clinical instructor counter signs the
charting of the nursing student, he/she has personal
knowledge of information and that such is accurate and
authentic.
Anyone who countersigns without verification commits
herself to possible legal risks.
It is an administrative report that is
required of nurses if there are
violations of standards and policies
whether or not injury occurs.
Through incident reports, hospital
administration can monitor quality
of patient care and institute some
measures to prevent similar
incidents in the future.
Keep statements factual, objective,
do not draw conclusions
Do not mention incident report in
charting
May or may not be allowed into court
Remember that patients who feel that doctors and nurses
have done their best are not as likely to sue as a patient
who feels ignored or neglected.
A little kindness goes a long way!
CONSENT - a free and rational act that presupposes
knowledge of the thing to which consent is being given by a
person who is legally capable to give consent
NATURE OF CONSENT - an authorization by the patient or a
person authorized by the law to give the consent on the
patients behalf.
INFORMED CONSENT a written consent should be signed
to show that the procedure is the one consented to and that
the person understands the nature of the procedure
Essential elements of informed consent
The diagnosis and explanation of the condition
A fair explanation of the procedures to be done and used
and the consequences
A description of alternative treatments or procedures
A description of the benefits to be expected
Material rights
The prognosis, the recommended care, procedure is refused
The nurses responsibility in witnessing the giving of informed
consent involves:
witnessing the exchange between the client and the
physician
witnessing the client affix his signature
establishing that the client really understood.
Who must consent?
Legal age
Patient must consent in his own behalf
If he is incompetent, or physically unable, and is not in
emergency case, consent must be taken from another who
is authorized to give it in his own behalf.
Consent of minors
Parents or someone standing in their behalf, gives the
consent to medical or surgical treatment of a minor.
Parental consent is not needed if the patient is married or
emancipated
Consent of mentaly ill
A mentally incompetent person cannot legally consent to
medical or surgical treatment.
The consent must be taken from parents or legal guardian.
Mental competency
All patients are presumed to be competent unless
declared incompetent by a court of law.
Supporting documentation of the patients behaviors,
speech, decision making and physical and mental status
are very useful in establishing his/her mental
competency
Emergency situation
No consent is necessary because inaction at such time
may cause greater injury.
If time is available and an informed consent is possible,
it is best that this be taken to protect all the parties
concerned.
Refusal to consent
A patient who is mentally and legally competent has the
right to refuse the touching of his body or to submit to a
medical or surgical procedure no matter how necessary,
nor how imminent the danger to his life or health if he
fails to submit to treatment.
Consent for sterilization
Sterilization is the termination of the ability to produce
offspring.
The husband and the wife must consent to the procedure
if the operation is primarily to accomplish sterilization.
If emergency cases like ectopic pregnancy and abruptio
placentae, consent from patient is sufficient.
The nurse should exercise
reasonable care in selecting
equipment to be used in patients.
Generally, a nurse is not liable for a
non-observable and non-
discoverable defect in the
equipment.
Contract
Is a meeting of minds between two
persons where they bind themselves to
give something or to render some
services.
Anything could be subjected to a contract
as long as these are not contrary to law,
morals, good customs, public order and
public policy.
Kinds of contract
Formal Contracts - refers to an agreement b/w parties
and is required to be in writing e.g. marriage contracts
Informal Contracts - one in which concluded as the
result of a written document where the law does not
require the same to be in writing.
Express Contracts - The one in which the conditions
and terms of contract are given orally or in writing by
the parties concerned.
Kinds of contract
Implied Contracts - one that is concluded as a result of
acts of conduct of the parties to which the law ascribes
an objective intentions to enter into a contract.
Void contracts - one that is inexistent from the very
beginning and therefore may not be enforced.
Illegal contracts - one that is expressly prohibited by
law
Illegal contracts
Those that are made in protection of the law
Consent obtained by fraud
Those obtained under duress
Those obtained under undue influence
Those obtained through material misrepresentation
Wills
It is a legal declaration of a persons intentions upon
death.
DECEDENT - a person whose property is transmitted
through succession whether or not he left a will. If he
left a will he is called a TESTATOR. If a woman TESTATRIX
HOLOGRAPHIC WILL - a will that is written and signed
by the testator
Wills
HEIR is a person called to succession either by the
provision of a will or by operation of law
There should be a witness who knows the handwriting
and signature of the testator explicitly declares that the
will and the signature are in the handwriting of the
testator
Nurses obligation in the execution of a will
The nurse should note the soundness of the patients
mind and that there was free from fraud or undue
influence and that the patient was above 18 years or of
age .
The patient should write that the will was signed by the
testator, that the witnesses were all present at the
same time and signed the will I the presence of the
testator
Living will
Is an individuals signed request to be allowed to die
when life can be supported only mechanically or by
heroic measures.
It also includes the decision to accept or refuse any
treatment, service or procedure used to diagnose or
treat his/her physical or mental condition and
decisions to provide
Advance directive & health care proxy
The patient designates a health care representative,
usually a member of the family, a friend or a family
physician to make decisions for him/her when he/she
is unable, due to physical or mental incapacity, accept
or refuse treatment, service or procedure used to
diagnose or treat his/her physical or mental condition
and decisions to provide, withhold or withdraw life
sustaining measures
Important points
A nurse especially those taking care of well-to-do
patients should remember that the main requisite for
making a will is testamentary capacity or sanity.
The person who makes a will should at least be 18
years old and is not prohibited by law.
The will is written and should be witnessed by three
credible witnesses, unless it is holographic will.
Important points
A holographic will is one that is entirely written, dated
and signed by hand.
There is no legal reason for the nurse to refuse to
witness the preparation of a will.
A 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.
A person who has been wronged
seeks compensation for the injury or
wrong he has suffered from the
wrong doer.
Examples of tort
ASSAULT AND BATTERY
Assault is a unjustifiable attempt to touch another
person or even the threat of doing so.
Battery is the actual carrying out of the threatened
physical contact
DEFAMATION OF CHARACTER occurs where a person
discusses another individual in terms that diminish
reputation.
Defamation of character
Slander oral defamation of a person by speaking
unprivileged or false words by which his reputation is
damaged.
Libel defamation by written words, cartoons or such
representations that cause a person to be avoided,
ridiculed or held in contempt or tend to injure him in
his work.
It is making someone
wrongfully feel that he or she
cannot leave the place.
The unjustifiable detention of a
person without a legal warrant
within boundaries fixed by the
defendant by an act or violation
of duty intended to result in
such confinement.
Restraints should be used with caution and discretion.
All patients should have the right to independence and
freedom of movement.
Restraints require a physicians order.
If a patient or his legal guardian refuses to be
restrained, this should be documented in the patients
medical record.
The right to privacy is the right to be left alone, the
right to be free from unwarranted publicity and
exposure to public view as well as the right to live ones
life without having anyones name, picture or private
affairs made public against ones will.
Nurses may become liable for invasion of right to
privacy if they divulge information from a patients
chart to improper sources or unauthorized persons
CRIME - act committed or omitted in violation of the law.
Criminal offenses are composed of two elements:
1. Criminal Act
2. Evil/criminal intent
A conspiracy to commit a crime exists when two or more
persons agree to commit a felony and decide to do it.
Conspiracy to commit a crime
Principals - are those who take a direct part in the
execution of the act, who directly force or induce
others to commit it; or who cooperate in the
commission of the offense by another act without
which it would not have been accomplished.
Accomplices - are those who, not being principals,
cooperate in the execution of the offense by previous
and simultaneous act.
Conspiracy to commit a crime
Accessories - are those who, having the knowledge of
the commission of the crime. Assisting the offender to
profit from the crime either by disposing the body,
concealing or assisting in escape of the principal of the
crime.
Criminal actions
Misdemeanor - a general name for criminal offense
which does not in law amount to felony.
Felony - a public offense for which a convicted person
is liable to be sentenced to death or be imprisoned in
a penitentiary or prison. It is committed with deceit
and fault.
Criminal negligence
Reckless Imprudence - when a person does an act or
fails to do involuntary without malice, from which
damage results immediately.
Simple Imprudence - means that the person or nurse
did not use precaution and the damage was not
immediate or the impending danger was not evident
or manifest.
Criminal intent
Is the state of mind of a person at the time the criminal
act is committed, that is, he/she knows that an act is
lawful and still decided to do it anyway.
Deliberate intent includes two other elements without
which there can be no crime. These are freedom and
intelligence.
Criminal intent
When a person accused of the crime offers evidence
showing insanity, necessity, compulsion, accident, or
infancy the court will decide if he did not commit a
criminal offense and will declare the person not guilty.
Classes of felonies
Consummated - when all the elements necessary for its
execution and accomplishment are present.
Frustrated - when the offender performs all the acts or
execution which will produce the felony as a consequence
but which nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
Attempted - when the offender commences the commission of
the same directly by overt acts, and does not perform the acts
which shall produce the felony.
Felonies according to degree of punishment
Grave Felonies - are those to which the law attaches the
capital punishment or penalties which in any of their
periods are afflictive. (imprisonment ranging from 6 yrs and
1 day with fine not exceeding P6,000)
Less Grave Felonies - are those which the law punishes with
penalties which in their maximum period are correctional
(imprisonment ranging from 1 month and 1 day to 6 yrs or
fine not exceeding 6,000 but not below 200)
Felonies according to degree of punishment
Light Felonies - are those infractions of law for the
commission of which the penalty of arresto menor
(imprisonment for 1 day to 30 days or a fine not
exceeding 200 or both of which are imposed)
JUSTIFYING CIRCUMSTANCES
These are the defenses in which the accused is
deemed to have acted in accordance with the law and
therefore the act is lawful.
JUSTIFYING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
There is no mens rea or criminal intent
The circumstances pertain to the act and not to the
actor. Hence all who participated in the act will be
benefited. Thus if the principal is acquitted there will
be no accomplices and accessories.
JUSTIFYING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
These apply only to intentional felonies, not to acts by
omissions or to culpable felonies or to violations of
special laws
When he acts in defense of his rights
When he acts in defense of his relatives rights
JUSTIFYING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
When he acts in defense of a strangers rights and that
the person defending is not induced by revenge or evil
motives.
When any person who, in order to avoid an injury
does an act which causes damage to another provided
that an evil sought to be avoided actually exists.
JUSTIFYING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
When he acts in the fulfillment of a duty or in lawful
exercise of a right or office.
EXEMPTING CIRCUMSTANCES
These are defenses where the accused committed a
crime but is not criminally liable.
There is a crime, and there is civil liability but no
criminal.
EXEMPTING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
The basis is the lack of any of the elements which
makes the act/omission voluntary, i.e. freedom,
intelligence, intent or due care.
They apply to both intentional and culpable felonies
and they may be available in violations of special laws.
EXEMPTING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
These defenses pertain to the actor and not the act.
They are personal to the accused in whom they are
present and the effects do not extend to the other
participants. Thus if a principal is acquitted, the other
principals, accessories and accomplices are still liable.
EXEMPTING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
An imbecile or an insane person, unless the latter has
acted during a lucid interval
A person under nine years of age
A person over nine years of age and under fifteen
unless he acted with discernment.
MITIGATING CIRCUMSTANCES
Are those which do not constitute justification or
excuse of the offense in question, but which, in
fairness and mercy, may be considered as extenuating
or reducing the degree of moral culpability.
MITIGATING CIRCUMSTANCES
There are certain circumstances under which the law exempts a
person from criminal liability:
Circumstances which are otherwise justifying or
exempting were it not for the fact that all requisites
necessary to justify the act or to exempt the offender
from criminal liability in the respective cases are not
attendant
MITIGATING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
When the offender has no intention to commit so
grave a wrong as the one committed
When the offender is under eighteen years of age or
over 70 years old
MITIGATING CIRCUMSTANCES
There are certain circumstances under which the law exempts a
person from criminal liability:
When sufficient provocation or threat on the part of the
offended party immediately precedes the act
When the act is committed in the immediate vindication of a
grave offense to the one committing the felony, his/her spouse,
ascendants, descendants, legitimate, natural or adopted
brothers, or relative by affinity within the same degree
MITIGATING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
When a person acts upon an impulse so powerful as
naturally to have produced an obfuscation
When the offender voluntarily surrenders himself to a
person in authority or confesses before the court prior
to the presentation of the evidence for the prosecution
When the defender is deaf and dumb, blind or
otherwise suffering from physical defect
MITIGATING CIRCUMSTANCES
Lack of education is not mitigating in:
Rape
Forcible abduction
Arson
Treason
MITIGATING CIRCUMSTANCES
Lack of education is not mitigating in:
In crimes against chastity like seduction and acts of
lasciviousness
Those acts committed in a merciless or heinous
manner
AGGRAVATING CIRCUMSTANCES
Are those attending the commission of a crime and which
increase the criminal liability of the offender or make his
guilt more severe.
There are certain circumstances under which the law exempts a
person from criminal liability:
When the offender takes advantage of his public position
When the crime is committed in contempt of or with insult
to public authorities
AGGRAVATING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
When the act is committed with insult or disregard of
the respect of the offended party on account of his
rank, age, sex
When the act is committed with abuse or confidence
or obvious ungratefulness
When a crime is committed in a place of worship
AGGRAVATING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
When the crime is committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune
When the crime is committed in consideration of a price,
reward or promise
When the crime is committed by means of inundation, fire,
poison, explosion, standings of a vessel or intentional
damage
AGGRAVATING CIRCUMSTANCES
Circumstances which exempts a person from criminal liability:
When the act is committed with evident premeditation
or after unlawful entry
When craft, fraud, or disguise is employed when the
wrong done in the commission of the crime is
deliberately augmented by causing other wrongs not
necessary for its commission
ALTERNATIVE CIRCUMSTANCES
Those which may either be appreciated as mitigating
or aggravating according to the nature and effects of
the crime and other conditions attending its commission.
Is an act of baseness,
vileness or depravity in social
or private duties which a
man owes to his fellow man
or to society in general, an
act contrary to the accepted
and customary rule of right
and duty between men
MURDER
Is the unlawful killing of a
human being with intent to kill.
It is a very serious crime.
Nurses should keep in mind
that death resulting from a
criminal abortion is murder.
Euthanasia is also considered
murder.
HOMICIDE
Is the killing of a human being in another.
It may be committed without criminal intent, by any
person whom kills another, other than his father,
mother, or child or any of his ascendants or
descendants, or his spouse, without any of the
circumstances attendant the crime of murder
enumerated above being present.
ABORTION
Is illegal according to the
revised penal code. The
patient should assume
responsibility for her abortion.
She should be made to sign a
statement relieving the
hospital and its personnel
from liability
INFANTICIDE - Is the killing of a child less than three days of
age. The mother of the child who commits this crime shall
suffer penalty of imprisonment ranging from two years and
four months and 1 day to 6 years
PARRICIDE - is a crime committed by one who kills her/his
father, mother or child whether legitimate or illegitimate, or
any of his/her ascendants or descendants or his/her
spouse.
ROBBERY - is a crime against a person or property
R.A. 6425 known as the Dangerous Drug Act of 1972 covers
the administration and regulation of the manufacture,
distribution, dispensing of controlled drugs.
Persons authorized to prescribe or dispense these drugs are
required to register and have a special license for this
purpose
Affidavit - is a written statement made under oath
before a notary public or other person duly authorized
Contempt of Court - is the willful disobedience to, or
open disrespect for, the rules of court
Defendant - the person being accused of a
wrongdoing; the therefore needs to defend themselves
Day in court - the right of a person to appear in court
and be heard concerning his compliant/defense
Due process - is fair and orderly process which aims to protect
and enforce a persons rights
False Testimony - is punishable both criminal and civil law
Hearsay Evidence - is evidence that is derived from something
the witness heard from others
Inquest - is the legal inquiry into the cause or manner of a death
Perjury - is the willful telling of a lie under oath
Plaintiff - the person who files the lawsuit and is seeking for a
perceived wrongdoing
Prima facie Evidence - evidence, which if unexplained or
uncontradicted would establish the fact alleged
Privileged Communication - statements uttered in good
faith. These are not permitted to be divulged in court
justice.
Statute of Limitations - define the length of time following
the event during which the plaintiff may file the lawsuit
Subpoena - is an order that requires a person to attend at
a specific time and place to testify as witness
Subpoena Duces Tecum - is a subpoena that requires a
witness to bring required papers/ documents and the like
which may be in his possession
Summons - is a writ commanding an authorized person to
notify a party to appear in court to answer a complaint
made against them
Warrant - is writing from a competent authority in
pursuance of law, directing the doing of an act, and
addressed to a person competent to do it
Subpoena Duces Tecum - is a subpoena that requires a
witness to bring required papers/ documents and the like
which may be in his possession
Summons - is a writ commanding an authorized person to
notify a party to appear in court to answer a complaint
made against them
Warrant - is writing from a competent authority in
pursuance of law, directing the doing of an act, and
addressed to a person competent to do it
Be very familiar with the Philippine Nursing Law
Beware of laws that affect nursing practice
At the start of employment, get a copy of your job
description, the agencys rules, regulations and
policies
Upgrade your skills and competence
Accept only such responsibility that is within the scope
of your employment and your job description
Do not delegate your responsibility to others
Determine whether your subordinates are competent
in the work are assigning them
Develop good interpersonal relationships with your co-
workers, whether they be your supervisors, peers, or
subordinates
Consult your superiors for problems that may be too
big for you to handle
Verify orders that are not clear to you or those that
seem to be erroneous
The doctors should be informed about the patients
condition
Keep in mind the value and necessity of keeping
accurate and adequate records
Patients are entitled to an informed consent
Republic Act No. 2493 dated February 5, 1915 The first law
affecting the practice of nursing in the Philippines.
a. Sec. 7 states that every person desiring to practice nursing in the
Philippines shall apply to the Director of Health for a Certificate of
registration as a nurse.
b. Sec. 8 states that it shall be unlawful for any person to practice
as a nurse in any of its branches in the Phil. until the proper
certificate of registration has been obtained.
c. This is also an act that provides for the examination and
registration of nurses in the Philippines.
Republic Act No. 2808 dated March 1, 1919 an act regulating
the practice of nursing profession in the Philippines otherwise
known as the Nursing Law.
Significance of this Law
The first board of examinees for nurses was created
composed of three members appointed by the Secretary of
Interior (one doctor of medicine as chairman and two
members who are registered nurses, had experience in the
nursing profession for at least five years of reputable
character)
The Board has the following powers:
1. Issue and revoke certificates of registration for practitioners of
the nursing profession.
2. Study the conditions affecting the practice of the nursing
profession in all parts of the Philippines.
3. Exercise the power conferred by the law to maintain efficient,
ethical and technical standards in nursing profession.
4. Promulgate regulations governing the nurse examination and
standards to be attained.
Republic Act No. 4007 dated December 5, 1931
(Reorganization Law) took effect the conduct of board
examination and placed the direct supervision of the Bureau
of Civil Service.
RA 465 standardized the fees charge by the examining
board.
RA 546 reorganized and placed all the board examinees
under the direct supervision of the Pres. of the Phil.
RA 877 dated June 19, 1953 was enacted as an entirely new
law created by the Filipino Nurses Associated (now PNA)
namely: Ms. Obdulia Kabigting as chairman; Dean JV Sutejo
and Conchita Ruiz. The act was sponsored by Sen. Geronima
Pecson.
The purpose is to regulate the practice of nursing in the
Philippines and to set up provisions for the registration of the
nurses for the establishment and maintenance of standards of
nursing education and practice.
RA 1080 dated June 15, 1954 An act declaring the BAR and
BOARD OF EXAMINATION as Civil Service Examination
RA 9173 October 21, 2002 an act providing for a more
responsive nursing profession repealing for the purpose RA #
7164, otherwise known as the Philippine Nursing Act of 1991.
THE PHILIPPINE NURSING ACT OF 2002
1. Title of the law and its provision (Article I)
2. Declaration of Policy (Article II)
3. Organization of the Board of Nursing (Article III)
4. Examination and Registration (Article IV)
5. Nursing Education (Article V)
6. Nursing Practice (Article VI)
7. Health Human Resources Production, Utilization and
Development (Article VII)
8. Penal and Miscellaneous Provisions (Article VIII)
THE PHILIPPINE NURSING ACT OF 2002
The Board is now composed of a Chairman and six members
instead of a Chairman and four members
Submission of names of qualified nominees by the Accredited
Professional Organization (APO) to the Commission, three (3)
nominees per vacancy, not later than three months before the
vacancy
The Commission submits to the office of the President two (2)
nominees per vacancy not later than two months before the
vacancy occurs. The appointment must be issued not later than
thirty (30) days before scheduled licensure examination.
THE PHILIPPINE NURSING ACT OF 2002
BOARD OF NURSING

CARMELITA C. DIVINAGRACIA GLORIA B. ARCOS


OIC Board of Nursing Member
THE PHILIPPINE NURSING ACT OF 2002
BOARD OF NURSING

CORA A. AONUEVO CARFREDDA P. DUMLAO


Member Member
THE PHILIPPINE NURSING ACT OF 2002
BOARD OF NURSING

GLENDA S. ARQUIZA FLORENCE C. CAWAON


Member Member
THE PHILIPPINE NURSING ACT OF 2002
Qualifications of Board Members
Educational requirement for members of the Board is not
limited to registered nurses with Masters degree in
nursing but also to registered nurses with masters degrees
in education, or other allied medical profession provided
that the Chairperson and majority of the members are
holders of a Masters degree in nursing
Of the ten years of continuous practice of the profession
prior to appointment, the last five (5) years must be in the
Philippines.
THE PHILIPPINE NURSING ACT OF 2002
Added the powers and duties of the Board
Adopt and regulate a Code of Ethics and Code of Technical
Standards for the practice of nursing within one year from
the effectivity of this act.
Recognize specialty organization in coordination with
accredited professional organization.
Licensure Examination and Registration
Specific dates of examination has been deleted
THE PHILIPPINE NURSING ACT OF 2002
Specific dates of examination not earlier than one (1)
month and not later than 2 months after the closing of
each semestral term.
Specific age of applicants has been deleted
Ratings
Specific number of times an examinee may take the
licensure examination has been deleted
Removal examination shall be taken within two (2) years
after the last failed examination
THE PHILIPPINE NURSING ACT OF 2002
Revocation and Suspension of Certificate of Registration
Implementing Rules and Regulations, Code of Ethics, Code
of Technical Standards, for Nursing Practice and policies of
the Board and of the Commission
Sec. 28g for practicing the profession during the period of
suspension
Period of Suspension of the certificate of
registration/professional license not to exceed four (4)
years
THE PHILIPPINE NURSING ACT OF 2002
Nursing Education
Requirement for inactive nurses returning to practice
Nurse who have not actively practiced the profession shall
undergo one (1) month of didactic training and three (3)
months of practicum
Qualifications of Faculty Requirement of clinical
experience in a field of specialization has been reduced
from three (3) years to one (1) year in a field of
specialization
THE PHILIPPINE NURSING ACT OF 2002
Nursing Education
The Dean of the College of Nursing must have at least five
(5) years of experience in teaching and supervising a
nursing education program.
Nursing Practice
Scope of Nursing Duties and responsibilities of the Nurse
Special training for intravenous injections but Nursing
Service Administrators still require formal training for the
safety of the patient and the protection of the nurse and of
the institution.
THE PHILIPPINE NURSING ACT OF 2002
Nursing Practice
Special training for suturing the Lacerated perineum
Note: This is being undertaken by the Association of Nursing Service Administrators of the
Philippines (ANSAP) with the Maternal and Child Association of the Philippines (MCNAP)
Observe the Code of Ethics and the Code of Technical
Standards to maintain competence through continual
professional education
Health human resource production and Utilization
The minimum base pay of nurses working in the public health institutions shall not be
lower than salary grade 15.
THE PHILIPPINE NURSING ACT OF 2002
Comprehensive Nursing Specialty Program
The Board is mandated to formulate and develop a
comprehensive nursing specialty program that would
upgrade the level of skills and competency of specialty
nurse clinicians in the country
International Labor Organization Convention 149
ILO Recommendation 1977
International Council of Nurses
Philippine Nurses Association
Code of Ethics for Nurses
Magna Carta for Health Workers (RA 7305)
Philippine Nursing Law
Philippine Constitution
Somera Case
Maki v. Murray Hospital
Ybarra v. Spanggard
Ales v. Ryan et al
Nicholson v. Sisters of Charity of Providence
Ratliffe v. Wesley Hospital
Aderhold v. Bishop
Borwege v. City of Owatonna
Several days prior to May 26, 1929, Pedro Clemente took
his daughter, Anastacia Clemente, to Dr. Gregorio Favis at
Manila. The latter decided to perform a tonsillectomy and
instructed the father and daughter to go to St. Pauls
Hospital where he would perform the operation at 7am
on May 26, 1929.
Assisting Lorenza Somera, a Head Nurse, were student
nurses Valentina Andaya and Consolacion Montinola. The
assistant surgeon was Dr. Bartolome.
During the operation, Dr. Favis asked Dr. Bartholome for
Novocain solution. Ms. Montinola handed Dr. Bartolome
a syringe of solution which was handed in turn to Dr. Favis
who injected the same to the patient .After a few minutes,
Dr. Bartolome noticed that the patient was becoming pale
and acting as if dying. He called the attention of Dr. Favis
to this but the latter said it was not unusual. A third
syringe of solution was injected and a few minutes later,
the patient died in a few minutes.
Dr. Favis asked if the Novocain was fresh. Ms. Somera
replied that the solution was not Novocain but 10% cocaine.
In court, Ms. Montinola testified she heard Dr. Favis order
cocaine with adrenalin for injection and heard Ms. Somera
to have verified the order. The autopsy report and testimony
of the Medico-legal Officer showed that the patient was
suffering from status lymphaticus and that such patients
were known to die even with so slight an injury as a needle-
prick.
Facts not brought in the trial were 1) that Ms. Somera.
Had finished her training only on May 20, 1929; 2) that
she had not received her registration certificate and was
not an experienced graduate as states in the prosecution;
3) that Dr. Favis had performed tonsillectomy but once
previously in St. Pauls and that no order from Dr. Favis
was given before his arrival.
The two accused doctors were absolved of the crime but
Lorenza Somera was condemned to suffer one year and
one day imprisonment and to indemnify the heirs of
Anastacia Clemente the sum of P1, 000.00 with subsidiary
imprisonment in case of insolvency and to pay one-third
of costs.
In view of the recommendation of two of the justices of
the supreme Court who reviewed the case upon the
appeal of the counsel fo the defense, the unanimous
recommendation of the Board of Pardons, and the
petition of the Philippine Nurses Association for executive
clemency.
Additional Info:
1. In 1929, in Manila, Lorenza Somera (a nurse), was
found guilty of manslaughter, sentenced to a year in
prison, and fined one thousand pesos for following a
physician's orders.. She was found guilty because
when the doctor said cocaine instead of procaine, she
did not question his orders.
2. Nurses cannot just depend on what the doctors say;
they have to know if what the doctor orders is correct.
Additional Info:
3. Nurses have adopted the ethic of advocacy for
patients
4. Unfortunately hospitals dont like having problems
called to the public's attention, and give the nurses a
very bad time about it.
Pursuant to Section 3 of Republic Act No. 877, known as
the Philippine Nursing Law, and Section 6 of PD No. 233,
the amended Code of Ethics for Nurses recommended and
endorsed by the Philippine Nurses Association was
adopted to govern the practice of nursing in the
Philippines.
The Code was adopted under Republic Act 9173 and
promulgated by the Board of Nursing under Resolution No.
220 Series of 2004 last July 14, 2004.
Nurses have four fundamental responsibilities: to
promote health, to prevent illness, to restore health and
to alleviate suffering. The need for nursing is universal.
Inherent in nursing is respect for human rights, including
cultural rights, the right to life and choice, to dignity and to
be treated with respect. Nursing care is respectful of and
unrestricted by considerations of age, colour, creed,
culture, disability or illness, gender, sexual orientation,
nationality, politics, race or social status.
Nurses render health services to the individual, the family
and the community and co-ordinate their services with
those of related groups.
The nurses primary professional responsibility is to
people requiring nursing care.
The nurse promotes an environment in which the
human rights, values, customs and spiritual beliefs of
the individual, family and community are respected.
The nurse ensures that the individual receives sufficient
information on which to base consent for care and
related treatment.
The nurse holds in confidence personal information
and uses judgment in sharing this information.
The nurse shares with society the responsibility for
initiating and supporting action to meet the health and
social needs of the public, in particular those of
vulnerable populations.
The nurse also shares responsibility to sustain and
protect the natural environment from depletion,
pollution, degradation and destruction.
The nurse carries personal responsibility and
accountability for nursing practice, and for maintaining
competence by continual learning.
The nurse maintains a standard of personal health such
that the ability to provide care is not compromised.
The nurse uses judgment regarding individual
competence when accepting and delegating
responsibility.
The nurse at all times maintains standards of personal
conduct which reflect well on the profession and
enhance public confidence.
The nurse, in providing care, ensures that use of
technology and scientific advances are compatible with
the safety, dignity and rights of people.
The nurse assumes the major role in determining and
implementing acceptable standards of clinical nursing
practice, management, research and education.
The nurse is active in developing a core of research-
based professional knowledge.
The nurse, acting through the professional organization,
participates in creating and maintaining safe, equitable
social and economic working conditions in nursing.
determining and implementing acceptable standards of
clinical nursing practice, management, research and
education.
developing a core of research-based professional
knowledge.
acting through the professional organization,
participates in creating and maintaining safe, equitable
social and economic working conditions in nursing.
The nurse sustains a co-operative relationship with co-
workers in nursing and other fields.
The nurse takes appropriate action to safeguard
individuals, families and communities when their health
is endangered by a coworker or any other person.
HOSPITAL OR INSTITUTIONAL NURSING
Nursing in hospital and related
health facilities such as extended
care facilities, nursing homes and
neighborhood clinics,
compromises the entire basic
component of comprehensive
patient care and family health.
HOSPITAL OR INSTITUTIONAL NURSING
Qualifications of Nursing Service Administration
Section 29 of RA 9173 specifies that a person occupying supervisory or managerial
positions requiring knowledge of nursing must:
Be a registered nurse in the Philippines
Have at least two (2) years of experience in general nursing
service administration
Possess a degree of Bachelor of Science in Nursing, with at
least nine (9) units in management and administration
courses at the graduate level; and
HOSPITAL OR INSTITUTIONAL NURSING
Qualifications of Nursing Service Administration
Section 29 of RA 9173 specifies that a person occupying supervisory or managerial
positions requiring knowledge of nursing must:
Be a member of good standing of the accredited
professional organization of nurses
HOSPITAL OR INSTITUTIONAL NURSING
Chief Nurse or Director of Nursing Service Shall in
addition to the foregoing qualification, possess;
At least five(5) years of experience in a supervisory or
managerial position in nursing
A masters a degree major in nursing
PUBLIC HEALTH NURSING OR
COMMUNITY HEALTH NURSING
The focus of nursing care is only
on family and community health
rather than on individual basis.
Here, the nurse will be able to
see the total picture of family and
community health.
PRIVATE DUTY NURSING
A private nurse is a registered
nurse who undertakes to give
comprehensive nursing care to a
client on a one on one ratio, an
independent contractor.
The patient may be provided care
in the hospital or in the home.
PRIVATE DUTY NURSING
Private duty nurse practitioner are grouped into two categories
General Private Duty Nurse - has the capability for
providing basic nursing care at any type of patient
Private Duty nurse specialist - foregoing abilities
expected of the general nurse practitioner and as a
result of his or her specialized preparation a private
nurse specialist
OCCUPATIONAL HEALTH NURSING
OR INDUSTRIAL NURSING
The practice focuses on
promotion, protection, and
supervision of workers health
within the context of a safe and
healthy worker environment.
NURSING EDUCATION
A nurse educator is a nurse who
teaches and prepares nurses (RN)
for entry into practice positions.
They can also teach in various
patient care settings to provide
continuing education to licensed
nursing staff.
NURSING EDUCATION
The faculty shall have academic preparation appropriate to his/her teaching
assignment. In addition to being a Filipino citizen and having good moral
character, the following qualifications must be observed:
Registered Nurse in the Philippines with current/valid
PRC ID
Holder of Masters degree in Nursing, Education or
other allied medical and health sciences conferred by a
college or university duly recognized by the CHED;
NURSING EDUCATION
The College shall be administered by a full-time dean with the following
qualifications:
Filipino citizen;
Registered Nurse in the Philippines with current and
valid PRC ID;
Holder of Masters degree in Nursing (MAN, MN, MSN)
conferred by a college or university duly recognized by
the CHED;
NURSING EDUCATION
The College shall be administered by a full-time dean with the following
qualifications:
Has at least 1 year experience of clinical practice and a
total of at least 5 years experience in teaching,
administration and supervision of nursing education;
Physically and mentally fit;
Of good moral character;
NURSING EDUCATION
The College shall be administered by a full-time dean with the following
qualifications:
Has no other teaching assignments or administrative
functions in other public/private institutions or higher
education institutions;
Member of accredited professional nursing organization
of good standing;
NURSING EDUCATION
The College shall be administered by a full-time dean with the following
qualifications:
Upon appointment, he/she must be an active member of
good standing of the Association of Deans of Philippine
College of Nursing (ADPCN); and,
Upon appointment, he/she should have a duly notarized
employment contract of at least 1 academic year renewable
annually. The contract should specify the academic rank.
NURSING EDUCATION
The faculty shall have academic preparation appropriate to his/her teaching
assignment. In addition to being a Filipino citizen and having good moral
character, the following qualifications must be observed:
At least one (1) year of clinical practice
A member of accredited professional nursing
organization of good standing.
MILITARY NURSING
Military nurses are healthcare
professionals who provide
medical care to patients in
military clinics and hospitals.
Military nurses may serve in
the Army, the Navy or the Air
Force.
Military nursing qualifications
Must have rank of 2nd lieutenant
Have adequate knowledge of general nursing theory
and practice, including about biological, social, and
medical science and their application
Knowledge on latest development in nursing field
Perform comprehensive nursing care
Benefits and privilege of a military nurse
Highly salary rate and allowances according to rank:
2nd Lieutenant- initially receives the same base pay
as officers of equivalent ranks.
Flight pay for flight nurses- 50% of base pay
Hazard pay- 20% of base pay
Cold weather clothing allowance
Overseas pay
SCHOOL HEALTH NURSING
Responsible for the schools
activities in the areas of
health service, health
education and environmental
health and safety.
Responsibilities of school health nurse
Organizing and implementing the school health
programs
Coordinating school health programs
Undertaking functions directly related to pupils health
Evaluating school health programs
Carrying out functions related to the health of school
personnel.
CLINIC NURSING
Nurse in this field must have
excellent teaching and
communication skills, exhibit
organizational and leadership
ability, possess good assessment
skills, and have good insight in
order to anticipate and interpret
the needs of their patients.
ADVANCE PRACTICE NURSING
An umbrella term for nurses who
have specialized education and
experience beyond the basic
nursing program. This field covers
the roles of the clinical nurse
specialist.
INDEPENDENT NURSING PRACTICE
Nurse is self-employed and
provides professional nursing
services to clients and their
families.
Predicted outcomes of the new role of nurses as
Independent Nurse Practitioner
It will encourage professional nurses to extend their capabilities
and assume greater responsibilities for designated areas of
generalized nursing practice.
The amount of health care will be more increased and accessible
to people.
The nurses involvement in the clients family or community will
increase the nurses sensitivity and response to their clients needs.
PARISH NURSE
The role that gathers in
churches, cathedrals, temples,
mosques, and acknowledge
common faith traditions.
Respond to health an wellness
needs within the context of
populations of faith community.
PARISH NURSE
Functions:
Provider of spiritual care
Health Counselor
Health Advocate
Health Educator
Facilitator of Support Groups
Trainer or Volunteers
Liaison to community resources and referral agent.
HOSPICE NURSE
Provides a family centered care
and allows clients to live and
remain at homes with comfort,
independence and dignity,
while alleviating the strains
caused by terminal phase i.e.
at the time of death.
HOSPICE NURSE
Function:
Pain & symptom control.
Spiritual Care
Home Care and impatient Care
Family Conferences
Co-ordination of Care
Bereavement Care
REHABILITATION NURSE
A nurse who specializes in
assisting persons with disabilities
and chronic illness to attain
optimal function, health and
adapt to an altered life style.
NURSE EPIDEMIOLOGIST
Monitors standards and
procedures for the control and
prevention of infectious diseases
and other conditions of public
health significance including
nosocomial infections.
Nursing professional development builds on the basic
education and experience of nurses throughout their
professional careers for the ultimate goal of ensuring the
quality of health care to the public.
GRADUATE EDUCATION OR MASTERS DEGREE
Prepares leaders in nursing who will influence the
practice and study of the nursing profession.
DOCTORAL DEGREE
Prepares nurses for positions such as:
Administrators of nursing colleges
Nursing research specialists
Consultants of nursing services
Nursing education programs or hospital services
BON Resolution 2013-774 s. 2013
Continuing Professional Development Guidelines
Objectives:
Continuously improve the quality of registered professionals
by updating them with latest scientific/technological/ethical
trends in the practice of profession.
Support to lifelong learning in the enhancement of
competencies of professionals.
BON Resolution 2013-774 s. 2013
Continuing Professional Development Guidelines
Objectives:
Deliver quality CPD activities aligned with the Philippine
Qualifications Framework for national relevance and global
competitiveness.
The Philippine Nurses Association
is a professional organization in
the Philippines established to
promote the holistic welfare of
nurses and to prepare them to be
globally-competitive.
It used to be known as Filipino
Nurses Association (FNA).
MS. RUTH THELMA P. TINGDA
National President
Ang Nars
Association of Deans of Philippine Colleges of Nursing
(ADPCN)
Association of Diabetes Nurse Educators of the
Philippines (ADNEP)
Association of Nursing Service Administrators of the
Philippines (ANSAP)
Association of Private Duty Nurse Practitioners
Philippines (APDNPP)
Critical Care Nurses Association of the Philippines
(CCNAPI)
Gerontology Nurses Association of the Philippines
(GNAP)
Military Nurses Association of the Philippines (MNAP)
Mother and Child Nurses Association of the
Philippines (MCNAP)
National League of Philippine Government Nurses
(NLPGN)
Occupational Health Nurses Association of the
Philippines (OHNAP)
Operating Room Nurses Association of the Philippines
(ORNAP)
Philippine Hospital Infection Control Nurses
Association (PHICNA)
Philippine Nursing Informatics Association (PNIA)
Philippine Nursing Research Society (PNRS)
Philippine Oncology Nurses Association (PONA)
Philippine Society of Emergency Care Nurses (PSECN)
Renal Nurses Association of the Philippines (RENAP)
Society of Cardiovascular Nurse Practitioners of the
Philippines (SCVNPPI)
Philippine Association of Public Health Nursing Faculty
Psychiatric Nursing Specialists Foundation of the
Philippines
Integrated Registered Nurses of the Philippines
(IRNUP)
BOARD OF NURSING Board Resolution No. 220 Series of 2004

Article I Preamble
Article II Registered Nurses And People
Article III Registered Nurses And Practice
Article IV Registered Nurses And Co-workers
Article V Registered Nurses, Society And Environment
Article VI Registered Nurses And The Profession
Nursing is to nurture and care...
patient's life is in our hands,
so love our profession...
ITS A CALLING!
1. Lydia M. Venzon, RN, MAN, PhD, FPCHA and Ronald
M. Venzon Professional Nursing in the Philippines
11th Edition, C&E Publishing Corp., 2010
10th Edition, C&E Publishing Corp., 2005
2. Commission on Higher Education CHED Memorandum
Order (CMO) no. 14, S. 2009
3. Commission on Higher Education CHED Memorandum
Order (CMO) no. 30, S. 2001