The Practice of Nursing

Law- Etymology- LEX

A set of rules established by a governing power to guide actions, regulate conduct of the people and impose sanctions for
violation or non-compliance thereof.
Obligatory upon the people because it commands the people to do right and prohibits them to do wrong.
The sum total of rules and regulations by which society is governed.
It is man-made and regulates social conduct in a formal and binding way
It reflects societys needs, attitudes and mores.
Essential Characteristic of a LAW
The authority or the right to
declare that the rule exists
A rule is pronounced or expressed
and that its source can be
identified
A right to enforce the same must
be provided
Government
The controlling authority in our system
Constitution
Fundamental law of the government
It contains the principles on which the government is
founded
Regulates the division of the sovereign powers
Directs to what persons each of these powers is to be
entrusted
Specifies the manner by which these powers shall be
exercised
Principal Sources of Pronouncement
Constitution
The statutes or legislations
Regulations issued by the Executive branch of the
government
Case decisions or judicial opinions
Presidential Decrees
Letters of Instruction
Major Groups of Law
Criminal laws - Regulate public conduct and set out duties owed to society
Civil laws - Regulate relations between individuals or groups of individuals
Criminal Laws
Legal action brought by the government against a defendant (person charged with committing a crime)
have penalties
Imprisonment, fines, probation (placed under supervision)
Divided into felonies andmisdemeanors
Difference in criminal offenses
FELONY - Penalty is a term of more than one year in prison. Murder, robbery, rape, possession with intent to distribute
MISDEMEANOR - Penalty is a prison term of one year or less. Simple assault, minor theft, possession
Kinds of Laws - Criminal
Duties to society Cases brought by government
Types: Felony, Summary, Misdemeanor
beyond a reasonable doubt
the standard of proof required in most criminal cases within an adversarial system
Means that if a jury (or a judge in a bench trial) has ANY reasonable doubts about the defendants guilt then it MUST
vote not to convict
preponderance of evidence
standard of proof that must be met by a plaintiff if he or she is to win a civil action
The jury (or judge) needs only to decide if it is more likely than not that the plaintiffs complaint is true.
CI VI L LAWS
Civil action
o Lawsuit that can be brought by a plaintiff (person) who feels wronged or injured by another person
o Courts may award the injured person money for the loss or order the one who committed the wrong to make
amends in
some other way
o Automobile accident
Regulate many everyday situations
o Marriage
o Divorce
o Contracts
o Real estate
o Insurance
o Negligence
Kinds of Laws - Civil
Regulates relations b/w individuals or groups Brought by people for injury by another person
General Divisions of Law
Natural Law an integral part of nature because it is immutable and inherent in the nature of man or every element or part
of the universe.
Positive Law a precept made and imposed by someone in authority.
- Divisions: Divine law, Human law
Applicable laws and jurisprudence in nursing practice
Constitutional Law is that branch of the science of laws which treats of the nature of constitutions, their adoptions and
amendments, their construction and interpretation and of the validity of legal enactments as tested by the criterion of their
conformity to the law of the land.
Kinds of Constitution
Cumulative or evolved constitution is one that originates in customs, common law principles, decisions or courts, etc.
Conventional constitution is an enacted constitution because it is deliberately passed by a representative body or a ruler.
Written constitution is one where the provisions are embodied in one document or sets of documents while an unwritten
constitution is one where most of the provisions are not in a single document but scattered in various sources such as
customs and traditions, statutory enactments of a fundamental character, judicial decisions and certain common law
principles.
Rigid constitution is one that can be amended only by a formal and usually difficult process, whereas a flexible
constitution is one that can be changed by ordinary legislation.
CRI MINAL LAW
The branch of law which defines crimes, treats of their nature and provides for their punishment.
Aptly described as the instrument of criminal policy for it is in criminal law that are found
It covers offenses resulting to injuries or death of the patients.
Prosecution of a criminal offense resulting to injuries
Nature
Location
Size, shape and incursion
Color
Number, and
Other appearances
Re: Death of a patient..
Natural
Suicide
Homicide / murder / parricide

Accident
undetermined
Useful pieces of evidences for the criminal offenses
Body
Objects on or with the body
Injuries sustained
Tissues and body fluids
Other medical evidence or findings
Branches of Law
Divine Law: promulgated by our Creator.
Human Law
o General / Public Law: includes international law and religious law
o Individual or private law: consists of civil law, mercantile and procedural law.
History of the Philippine nursing law
ACT No. 2493 of 1915 - First law that had to do with nursing practice of nursing
o Regulated the practice of medicine
o This act provided for the examination and registration of nurses in the Philippine Island
o Applicants needed to be only twenty years old. In good physical health. Of good moral character
o Graduates of intermediate courses of public schools could enter the school of nursing which was then giving only two
years-and-a-half of instruction. Graduates were called first-class nurses
o Second-class nurses file for an application with the district health officer in the district where they resided
ACT 2808 (1919) - The First True Nursing Law. Created a Board of examiners for nurses.
o 1920- first board examination in the Philippines was given
LAWS RELEVANT TO NURSING PRACTI CE
Republic Act 877 - The PHILIPPINE NURSING LAW on June 19, 1953
o The organization of the Board of Examiners for nurses
o Provisions regarding nursing Schools and colleges, examination, registration of nurses including sundry provisions
relative to the practice of nursing
o Sec. 16, ART IV - I nhibition against practice of Nursing
Republic Act 4704 - Amended certain portions of RA 877.
o Membership of the Board of Examiners for Nurses was increased from 3-5 members
Republic Act 7164 - Philippine Nursing Act of 1991
o Redefinition of the scope of nursing practice to emphasize
PRESIDENTI AL DECREE
Presidential Decree No. 223 - June 23, 1973
o Created the Professional Regulation Commission and prescribed its powers and functions
PD 541 - Allows former Filipino professionals to practice their respective professions in the Philippines.
o Balikbayans may practice their profession during their period of stay provided they register with the PRC and pay
their income tax on all earnings while in the country
PD 996 - Requires compulsory immunization for all children below eight years of age against communicable diseases
o Circular No. 14 of 1965 requires health examination and immunization of all prospective Grade 1 pupils against
small pox, diphtheria and tuberculosis as prerequisite for enrolment
PD 825 - Penalty for improper disposal of garbage and other forms of uncleanliness
PD 856 -Code of sanitation
o Control of all factors in mans environment that affect health including the quality of water, food, milk, control of
insects, animal carriers, transmitters of disease, sanitary and recreation facilities, unpleasant odors and control of
nuisance
PD no. 148 ( Woman and Child Labor Law).Ammending RA 679 ( Woman and Child Labor Law)
o Employable age shall be 16 years old. Provides privileges of working women
PD No. 791 - Revised the Population act. Defines the objectives duties and functions of POPCOM
o Empowers nurses and midwives to provide, dispense and administer acceptable methods of contaception after having
undergone training and have been granted authorization by the POPCOM in consultation with the appropriate
licensing bodies
PD No. 166 - Amending PD No. 791
o Strengthens family planning programs through participation of private organizations and individuals in the
formulation and implementation of the program planning polocies
PD 965 -Family Planning and responsible parenthood instructions prior to issuance of marriage license
PD 568 -Appropriating counterpart funds for the Philippine Population Project and creating the project management staff
thereof and for other purposes
o Role of Public health midwives expanded under the RHCDS; Restructuring of the Philippine Health Care
DeliverySystem; Deployment of midwives to improve rural situation (1 PHMid = 5,000 pop.; 1 PHNurse = 10,000
pop;1 RHPhysician = 20,000 pop)
PD 626 Employee Compensation & State Insurance Fund. Provides benefits to workers covered by SSS or GSIS for
immediate injury, illness or disabilities
o Full respect for human rights, recognition of the sanctity of family life; protection and promotion of the rights to form
unions, associations or societies, making heath services available to the people at affordable cost
PD 48 limits paid maternity leave to four children
PD 69 limits the number of children to four (4) children for personal tax exemption
PD 442 Labor code of the Philippines.
o Provides workers the right for self-organization and collective bargaining
o Promotes the rights and welfare of workers
PD 603- Child and Youth Welfare Code.
o Protects and promotes the rights and welfare of children and youth
o Employment of children below 16 years of age is limited to performing light work not harmful to their safety, health
or normal development and which is not prejudicial to their studies
PD 651- Birth registration following delivery (all health workers shall identify and encourage the registration of all births
within 30 days following delivery
PD 1519 - Gives medicare benefits to all government employees regardless of status of appointment
o Retirees, regardless of age, are also entitled to Medicare privilege by virtue of their membership in the GSIS or SSS
PD 1636 -Requires compulsory membership in the GSIS or SSS Retirement Fund
EXECUTI VE ORDERS
EO 51 Milk Code
EO 85 Integration of Public Health and Hospital Services
EO 119 Reorganization of Department of Health
EO 180 Guidelines on the right to organize of government employees
EO 203 List of regular holidays & special days
EO 209 Family Code of the Philippines (amended by RA 6609)
EO 226 - Command Responsibility
EO 503 Provides for the Rule and Regulation Implementing the Transfer of Personnel Assets, Liabilities and Records of
National Government
PRC memorandum No. 2005-02 - March 3, 2005
o Implement the revised rates of fees charged and collected by the Commission on Appointment
LETTER OF INSTRUCTION
Letter of Instruction No. 1000 (March 20, 1980)
o Required members of accredited professional organizations shall be given priority in the hiring of employees in the
government service and in the engagement of professional services
LOI No. 47
o Directs all schools of medicine, nursing, midwifery and all allied medical professions and social work to prepare,plan
and implement the integration of family planning in their curricula and to require from their graduates sufficient
appropriate licensing examination
LOI # 149 October 19, 1979 - Adoption of Primary Health Care; Legal basis of primary health care
o ILO convention #149- Improvement of life and work conditions of nursing personnel (ILO Recommendation # 157)
PRONOUNCEMENT
Proclamation No. 539 - Issued on October 17, 1958
o Designated the last week of October oy every year as Nurses Week.
Proc. # 4 Philippine Measles Elimination Campaign Declaring the period of September 16 October 14, 1998 as the
LigtasTigdas Month
Proc. # 6 April 3, 1986 United Nations - Universal Goal on Child Immunization by 1990
Proc. # 46 September 16, 1992 Reaffirming the commitment of the Philippines to the Universal Child and Mother
Immunization Goal of the World Health Assembly
Proc. # 118 Professional regulation Week June 16-22
Proc. # 539 - Nurse week every last week of October
Proc. # 1275 - Midwifery week every third week of October
Proc. # 147 March 3, 1993 Declares April 21 and May 19, 1993 and every 3rd Wednesday of January and February and
thereafter for 2 years as National Immunization Days
Proc. # 773 March 28, 1996 Every 3rd Wednesday of April and May as the Knock-out Polio Day
Proc. # 1064 August 27, 1997 Enjoining all sectors of society to participate in the Acute Flaccid Paralysis
(AFP)surveillance component of polio eradication campaign
Proc. # 1066 Declaring a National Neonatal Tetanus Elimination Campaign starting 1997
Nurses Week last week of October
National Cancer Consciousness Week second week of
January
International Womens Day March 8
World Health Day April 7
Earth Day- April 2
National health Workers Day May 7
World Red Cross Day May 8
International Nurses Day May 12
World Diabetes Day-June 27
International Day for Drug Abuse and Child
Trafficking -January 2
World Breastfeeding Day August 1
World AIDS Day December 1
Republic Act 1612 - A privilege tax shall be paid before any business or occupation can be lawfully begun or pursued
R.A. 7392 - Ammended R. A. 2644- Midwifery Law (June 18, 1960)
o Only those who were licensed midwives could practice Midwifery
o Nurses should pass the Board examination for Midwives and be registered as such upon payment of the prescribed
fee and submit to the Midwifery Board a certification that they actually had attended at least 20 deliveries
R.A. 2382 - Philippine Medical Act. Defines the practice of medicine in the Philippines
R.A. 5181 - Prescribes permanent residence and reciprocity as qualifications for any examination or registration for the
practice of any profession in the Philippines
R.A. 6425 - Dangerous Drugs Act
o Art II Section 4. states that sale, administration delivery, distribution and transportation of prohibited drugs are
punishable by law.
Act No. 3573 ( 1929) - All communicable diseases shall be reported to the nearest health station, and that any person may be
inoculated, administered or injected with prophylactic preparations.
o No person shall refuse as to hinder or obstruct these protective measures
RA 1082 - June 15 1954 and amended by RA 1981 on June 22, 1957. The creation of rural health units
RA 1981- the creation of RHU of eight different categories corresponding to eight population groups of municipalities to be
served
RA 4073 - Liberalizes the treatment of leprosy
o Except when the disease requires institutional treatment, no person afflicted with leprosy shall be confined in a
leprosarium.
RA 6365 - Established a National Policy on Population and created the Commission on Population (POPCOM)
RA. 7160 - Local Government/Autonomy Code (the devolution of powers, functions and responsibility to the local
government units)
RA. 7277 Magna Carta for Disabled persons
RA. 6758 Salary Standardization of Government employees that includes nurses
RA 6675-Generics Act of 1988
RA. 7432 Senior Citizen Benefits & Privileges
RA. 7600 Rooming In and Breast feeding Act of 1992
RA. 7610 Anti-Child Abuse Law (Special Protection of Children against Child abuse, Exploitation & Discrimination)
RA. 7305 Magna Carta for Public Health workers. This Act aims to:
o promote and improve the socio-economic well-being of health workers, their living and working conditions and terms
of employment;
o to developed their skills and capabilities in order that they will be more responsive and better equipped to deliver
health project and programs;
o to encourage those with proper qualifications and excellent abilities to join and remain in government service.
RA. 6713 Code of Conduct and Ethical Standards for Public Officials and Employees
o This Code upholds a time-honored principle that public office is a public trust. It the policy of the state to promote
high standards of ethics in public office of public officials and employees shall at all times be accountable to the
people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with
patriotism and justice, lead model lives and modest living and uphold public interest over personal interest.
RA No. 1054 - Requires the owner, lessee or operator of any commercial, industrial or agricultural establishment to furnish
free emergency, medical and dental attendance to his employees and laborer
RA 4226- Hospital Licensure Act
o Requires all hospitals in the Philippines to be licensed before they can offer to serve the community
o DOH, Office of the Hospital and Medical Services
RA. 7846 Requires compulsory immunization against Hepatitis B among infants and below 8 years old
RA. 7875 National Health Insurance Act of 1995
RA. 7876 Senior Citizen Center for Every Barangay
RA. 7877 Anti- sexual harassment Act of 199538. RA. 7883 Barangay Health workers Benefits & Incentives Act of
1992
RA. 8042 Migrant workers & Overseas Filipinos Act of 1992
RA. 8172 Asin Law / Iodize Salt Law RA. 8187 Maternity Leave Act of 1995
RA. 8282 Social Security Law of 1997 (amended RA 1101)
RA. 8291 Government Service Insurance System Act of 1997 (amended PD 1146)
RA. 8344 Hospitals/ doctors to treat emergency cases referred for treatment
RA. 8353 Anti-Rape Law
RA. 8423 Traditional and Alternative Medicine Act of 1997 (GamotnaMabisasaAbotKayangHalaga)
RA. 8424 Personal Tax Exemptions RA. 8479 Clean Air Act
RA. 8504 Philippine AIDS Prevention and Control Act of 1998
RA. 8972 Nationwide Iodination Law
RA. 8976 Food Fortification Act
RA. 8981 PRC Modernization Act of 2000
RA. 9173 The Nursing Act of 2002
RA. 9211 No Smoking Act
RA. 9257 Expanded Senior Citizen Act of 2003
RA. 9262 - Domestic Violence Act
RA 9173 - Philippine Nursing Act of 2002
PRC BON resolution No. 14, Feb.8, 1999
o Promulgated the guidelines for the implementation of a Specialty Certification
PRC Resolution No. 2004-17 Series of 2004
o Total CPE units for professionals with bachelors degree for three years is 60 credit units
o Total CPE units for registered professionals without baccalaureate degrees is 30 units for the next 3-year period