Escolar Documentos
Profissional Documentos
Cultura Documentos
I. DEFINITION OF TERMS
Nursing Jurisprudence- embodies all the laws, rules,
doctrines and principles, legal concerns, opinions and
decision of competent authority regarding governance and
regulation in relation with the practice of nursing
Legislation- making of rules and principles
Nursing Legislation- making of laws affecting the nature
and science of nursing profession
Rights- inborn claim which a person is permitted to have, to
do and receive from others within the parameters permitted
by the law
Legal rights- claim which can be enforced by law against a
person or community whose duty is to respect it
Court- body where disputes are settled and where you
enforced your rights
Jurisdiction- authority to hear and decide legal
controversies
Venue- place where disputes are settled/suits can be held
Legal remedy- means employ a right given by the law
(1) Ordinary remedy- ordinary action or suit filed in court of
law
(2) Extra ordinary remedy- remedies which you can file
during the hearing of the case; executed by writ
Writ- mandatory rule of action
1. Writ of Certiorari- writ of review during the duration of the
case filed on the next higher court
a. abuse of discretion- biased
b. abuse of jurisdiction- abuse of authority
c. no way for an appeal or speedy remedy
2. Writ of Prohibition- stops a lower court from prosecuting the
case
3. Writ of Mandamus- orders somebody a duty pertaining to
his office
4. Writ of Quo Warranto- orders a recovery of an office or
franchise
(3) Provisional remedy- given temporary during the hearing
for temporary protection of the party due to its present need
1. Injunction- refrain from doing an act
2. Preliminary injunction- pendency of the case during the
hearing
3. Final injunction- granted after the case is settled
Process- means to compel defendant/witness to appear
in court
1. warrant- order directed to a person to do an act giving him
protection from damages when he does an act
2. search warrant- searching for material/personal property to
be presented in the court
3. subpoena ad testificandum- witness to testify
4. subpoena duces tecum- witness to appear in court with
documents
5. summon- plaintiff compels to appeal in court
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 maker’s
signature in an instrument
Expert Witness- person who is qualified to testify
based on special knowledge, skills, experience and
training regarding to the case
Damage- loss or injury sustained
Damages- sum of money for compensation to
injury/damage done
CHARACTERISTICS OF A PROFESSION
FIELDS OF NURSING
(1) Hospital or Institutional Nursing- comprises all the staff
nurses or nursing personnel giving the basic component of
comprehensive patient care and family health in the hospital or
related health facilities
(2) Public Health Nursing (Community Health Nursing)- the
focus of nursing care is more 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
(3) School Nursing- responsible for all school activities—
monitoring growth and development, screening health problems
concerning the school the health needs, environmental safety,
health education and health promotion of school children
(4) Occupational Health Nursing or Industrial Nursing- the
practice give emphasis on the promotion, protection and
supervision of worker’s health condition and the safety of his
working environment
(5) Maternal and Child Health Nursing- focus on the care and
safeguards the health and safety of mothers and children
(6) Nursing Education- pertains to nurses under teaching or
administrative staff of school or other educational institution
(7) Pediatric Care Nursing- nursing care for the sick child
(8) Private Duty Nursing- independently have a contract with
patient which the nurse will provide a comprehensive nursing
care in one-on-one ratio
(9) Nursing Administration- participates in the formulation of
policies and objectives in an administrative institution or similar
establishments
REGISTRATION BY EXAMINATION
-QUALIFICATIONS FOR ADMISSION TO LICENSURE EXAMINATION-
a. 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 the same as those
prescribed in this Act.
b. of good moral character
c. holder of a Bachelor’s Degree in Nursing
-REQUIREMENTS FOR EXAMINATION-
a. original transcript of records
b. record of actual related learning experiences
c. actual number of operating room scrubs and deliveries
assisted
d. certificate of live births
e. marriage contract (if married, for female applicants)
f. 4 passport size pictures with white background
g. Community tax certificate
-RATINGS-
a. must obtain a general weighted average of at least seventy
five percent (75%)
b. no rating below sixty percent (60%) in any subject
NURSING EDUCATION
-QUALIFICATIONS OF THE FACULTY-
a. RN in the Philippines
b. At least one (1) year of clinical field
c. Member of good standard in accredited professional
organization of nurses
d. Holder of Master’s degree in nursing, education or other
allied medical and health sciences
-QUALIFICATIONS OF THE DEAN-
a. Master’s degree in nursing
b. At least five (5) years experience in teaching
-QUALIFICATIONS OF NURSING SERVICE ADMINISTRATORS-
a. Registered Nurse
b. At least 2 years experience in general nursing service
administration
c. Bachelor of Science in Nursing degree holder with at least 9
units in management and administration courses at the
graduate level
d. Member of good standing of the accredited professional
organization for nurses
CHIEF NURSE/ DIRECTOR OF NURSING SERVICE: 5 yrs.
experience in supervisory or managerial position & MAN holder
MILITARY CHIEF NURSES: MAN plus completion of the
General Staff Course (GSC)
REMEMBER: The seal of secrecy can be broken only if: (a) the
patient himself breaks the seal (b) patient sign the waiver
declaring the nurse can break the seal (c) subpoena in a
criminal case
CRIMINAL LIABILITY
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)
Motive- moving power which impels one to act for a definite
result
-PERSONS CRIMINALLY LIABLE-
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 place
2. Accomplice- accessory before the fact; cooperate in the
execution of the offense
3. 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
-STAGES OF EXECUTION-
1. Consummated- elements of crime have been
fulfilled/accomplished
2. Frustrated- without intention of not fulfilling the crime; some
elements are done
3. Attempted- no elements have been fulfilled
conspiracy – two or more person agreed and committed the
felony; a means by which another person is held liable for the
commission of a crime; each criminal is responsible for the acts
of his associates provided such act is a result of a common
plan.
proposal - a person who decided to commit a felony
proposes its execution to another
-DEGREE OF PUNISHMENT-
1. Grave Felonies- attaches to capital punishment (death) and
imprisonment ranging from 6 years to life imprisonment
2. Less Grave Felonies- correctional (from one month to 6
years)
-CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY-
1. Justifying- free from criminal and civil liability
oself – defense
unlawful aggression
reasonable necessity of the means employed to prevent
/repel it
lack of sufficient provocation on the person defending
himself
o defense of relatives- up to 4th degree by consanguinity
o defense of a stranger without intention or anger or revenge
owho acts in fulfillment of a duty or in a lawful exercise of a
right or office
owho acts in obedience to an order by a superior for some
lawful purpose
2. Exempting- no criminal liability but with civil liability
o mistake of fact- ( ignorantia facti excusat) must be committed
in good faith or under an honest belief
an act or omission which is a result of a misapprehension
of facts that is voluntary but not intentional;
the actor performed an act which would be lawful had it
been true as he believed it to be
the accused believed to be an intruder showed mistake in
identity due to good faith
But if there is negligence, the said mistake of fact is not
exempting, actor is liable by means of culpa (w/o intent)
oAn insane or imbecile unless acted during lucid interval
oUnder 9 years of age
oOver 9 under 15, unless acted with discernment
oWhile performing a lawful act w/ due care causes an injury by
mere accident without fault or intention of doing it
oWho acted under the compulsion of an irresistible force from a
third person
oImpulse of uncontrollable fear
actor acts without a will; completely deprived of freedom
it is an impulse coming from within the person of the actor
compulsion must be of such character as to leave no
opportunity for the actor to escape
one is compelled under the fear of death to join the rebels,
he is not liable for rebellion
oInsuperable or lawful cause
applies to felonies committed by omission
the law imposes a duty to perform the act, if he fails he
violates the law; if it is due to lawful or insuperable cause, he
is criminally exempt
oInstigation
when a peace officer induces a person to commit a crime,
w/o inducement the crime will not be committed. If it is a
private person he is principal by inducement
Ex. A policeman induced a nurse to bring to him a
prohibited drug w/c he made him believe he would buy and
when the drug was delivered he made an arrest
3. Mitigating- lowers the penalty of the crime
oUnder 18 or over 70
oNo intention to commit so grave a wrong
oSufficient provocation or threat on the part of the offended
party immediately preceded the act
oVoluntary surrender
oDeaf, dumb or blind or suffering from physical defect
oSuch illness that would diminish the exercise of his will power
4. Aggravating- increasing the penalty
oAdvantage of public position
oIn contempt or insult to public authorities
oAbuse of confidence or obvious ungratefulness
oCommitted on occasion of epidemic, conflagration, shipwreck
or other calamity or misfortune
oIn consideration of a price or reward or promise
oCommitted by means of fire, explosion, stranding of a vessel
owith evident premeditation
ocraft, fraud or disguise
5. Alternating- can be mitigating or aggravating depends on:
orelationship
o intoxication
odegree of education
VII. NURSES AND CRIMES
HISTORY
February 5,1915 – RA 2493 Practice of nursing was under
Medical and Surgical Law
-CLASSIFICATIONS OF NURSES-
Class A:
1. Graduate of 2 ½ years in Nursing
2. Clinical experience must be done in a 30 bed capacity
hospital in pediatrics, OB, Medicine, Surgery, EENT
3. Good moral character and good physical health 20 yrs. of
age
4. Registration is with the Director of Health
Class B: 2nd class nurses; nurse attendant; unregistered nurses
1. Graduate of intermediate grade
2. Good moral character and good physical health
3. Registration is with the district health officer
4. They were allowed to wear cap or uniform of class A nurses
-FUNCTIONS OF BOE-
oissuance of certificate of registration
orevoke certificate of registration
oadminister examination (practical & written
oexamines the condition affecting practice of nursing
March 8, 1922 - RA 3025 – Registration of Red Cross Aids
& Welfare Workers
oassist people during calamities war, disaster, epidemics and
war
oexamination dates – 2nd Monday of April and October instead
of 2nd Monday of June and December
ogrant privilege of practicing nursing without examination to
nurses registered under the laws of any state or territory of the
U. S. or any foreign country
December 5, 1932 - RA 4007 – Reorganization Act of 1932
oBOE was put under the custody of Bureau of Civil Service
1950 – Congress passed two laws
o RA 465- Standardization of Examination & Examination Fees
o RA 546- BOE is under the direct supervision of Pres. of the Phil.
1953 – Birth of Filipino Nurses Association (Formal
recognition)
Legislative Committee Chair: Mrs. Obdulia Kabigting
Members: Ms. Annie Sand
Ms. Conchita Ruiz
Ms. Jovita Sotejo – 1st FNA Pres.
June 19, 1953 – Philippine Nursing Law sponsored by
former Senator Geronima T. Pecson
November 21, 1991 - RA 7164 – Philippine Nursing
Law of 1991 - sponsored by Sen. Edgardo Angara & Sen.
Heherson Alvarez
October 21, 2002 - RA 9173 – Philippine Nursing Act of
2002 - sponsored Sen. Juan Flavier
Philippine Nursing Act of 2002: REPUBLIC ACT 9173
-An act providing for a more responsive nursing profession,
repealing for the purpose RA 7164 known as the “Phil. Nursing Act
of 1991 and for other purposes. This act shall be known as the
“Phil. Nursing Act of 2002”
Declaration of Policy:
It is hereby declared the policy of the State to assumes
responsibility for the protection and improvement of the nursing
profession by instituting measures that will result in:
• relevant nursing education,
• humane working conditions,
• better career prospect
• a dignified existence of our nurses.
The State hereby guarantees the delivery of quality basic health
care services through an adequate nursing personnel system
throughout the country.
RA 7164 RA 9173
-upper 40% of graduating
class
-3x failure in board exam -take all you can
—repeat 4th year
-BON must be citizen -BON must be natural
(born in the Philippines citizen
with Filipino parents; jus
sanguinis and jus soli)
- no removal - with removal
PRESIDENTIAL DECREES
PD 48 - Four (4) children with paid maternity leave privilege
PD 69 - Four (4) children for personal tax exemption
PD 110 - Creates civil service commission
PD 223 - PRC was created
PD 386 - Proposal of collective bargaining for nurses
PD 422 - Amends PD 223 ; professional regulatory code
PD 442 - New labor code
PD 491 - Nutrition program; July is nutrion month
PD 541 - Practice of former Filipino professionals in the Philippines
PD 603 - Child and youth welfare code
PD 626 - Employee compensation and state insurance fund
PD 651 - Birth registration following delivery
PD 719 - Revised population act
PD 826 - Anti-improper garbage disposal
PD 851 - 13th month pay
PD 856 - Code of Sanitation
PD 965 - Family planning and responsible parenthood instructions
prior to issuance of marriage license
PD 996 - Compulsory immunization for children below eight (8)
years old against immunizable diseases
PD 1083 - Muslim holidays
PD 1588 - Settlement of disputes at the Barangay level
PD 1636 - Compulsory SSS for self employed
REPUBLIC ACTS
Act 2808 - 1st True nursing law (1919); created 1st board of
examiner; 1st board exam (1920)
RA 1054 - Free emergency medical treatment and dental
attendance to employees/laborers of any commercial, industrial
or agricultural establishments
RA 1080 - Civil service eligibility
RA 1082 - Creation of rural health units all over the Philippines
RA 1136- TB law, reorganizing division of TB control in the DOH
RA 1612 - Privilege tax/professional tax/omnibus tax
RA 1811 - Amends 1082 Rural health unit with 8 different
categories and population groups to serve
RA 2382 - Philippine medical act
RA 2644 - Midwifery law
RA 3573- Reporting of Communicable Diseases
RA 3753- Civil Registry Law
RA 4073 - Treatment of leprosy in a government skin clinic, rural
health unit or by duly licensed physician
RA 4226- Hospital Licensure Act
RA 4704 - 1st amendment of Philippine nursing law (1966)
RA 5181 - Permanent residence and reciprocity qualifications for
examinations/registration
RA 5901 - Working hours (40 hours a week) , compensation and
agencies with 100 bed capacity
RA 6111 - Philippine medical care act (SSS and GSIS)
RA 6136 - Injection and IV should be under the direction and with
the presence of a doctor
RA 6475 - Dangerous drug act19. RA 6675 - Generics act of 1988
RA 6675- Generics Act of 1988
RA 6713 - Code of conduct and ethical standards for public
officials and employees
RA 6725- Strengthening Prohibition on Discrimination against
Women
RA 6727 - Wage rationalization
RA 6758 - Salary standardization of government employees
RA 679 -Amends PD 148 ; women and child labor law no
emplyment for 14 years old and below
RA 6809 - Age of maturity is 18 years old
RA 6972 - Day care center in every barangay
RA 7160 - Local autonomy code
RA 7170 - Legacy of donation of all or part of human body after
death
RA 7170 - Organ Donation
RA 7192 - Women in development and national building
RA 7277 - Magna carta for disabled persons
RA 7305- Magna Carta of Public Health Workers
RA 7392- Midwifery Law
RA 7432 - Senior citizens benefits and privileges
RA 7600 - Rooming –in and Breastfeeding Act of 1992
RA 7610 - Special protection of children against abuse,
exploitation and discrimination
RA 7624 - Drug education law
RA 7641 - New retirement law for employees in the private sector
RA 7658 - Law that prohibits the employment of children below 15
years of age
RA 7719 - National blood services act of 1994
RA 7875 - National health insurance act of 1995
RA 7876 - Senior citizen center for every barangay
RA 7877 - Anti-sexual harassment act of 1995
RA 7883 - Barangay health workers benefits and incentives act of
1992
RA 8042 - Migrant workers and overseas Filipino act of 1995
RA 8172 - Asin Law of the Philippines
RA 8177 - Death through lethal injection
RA 8187 - Paternity leave act of 1995
RA 8282 - Social security law of 1997 (amended RA 1161)
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 - The traditional and alternative medicine act (TAMA) of
1997
RA 8424 - Personal tax exemptions
RA 8493 - Herbal drafted
RA 8749 - Clean air act of 1999
RA 8976 - National food fortification
RA 8980 -Early Childhood Care & Development Act of the
Philippines
RA 8981 - PRC modernization act of 2000
RA 9003 - The ecological solid waste management act of 2000
RA 9165 - The comprehensive dangerous drugs act
RA 9165- PRC Modernization Act of 2002
RA 9173 - The Philippine nursing act of 2002
RA 9211 - Tobacco regulation
RA 9255 - Act allowing illegitimate children to use the surname of
their father (amends RA 176 and EO 2069 - Family code of the
Philippines)
RA 9257 - Expanded senior citizen act
RA 9262 - The anti-violence against women and children act of
2004
RA 9288 - Newborn Screening Act
RA 9439 - Hospital Detention Act
RA 977 - Phil nursing law (1953)
EXECUTIVE ORDERS
EO 51 - Milk code
EO 80- Collective Bargaining Rights of government workers
EO 180 - Guidelines on the right to organize of government
employees
EO 203 - List of regular holidays and special days
EO 2069 - Family code of the Philippines (amended by RA 6809)
EO 226 - Command responsibility
EO 296- Accredited professional organization of nurses must
create a nomination committee composed of its past presidents
who will screen nominees or applicants to the BON
EO 857- Compulsory Dollar Remittance
Article IV – Citizenship
SECTION 3 – Philippine Citizenship may be lost or reacquired
in the Manner provided by law