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LEGAL ASPECTS OF NURSING,[object Object],Nelia B. Perez RN, MSN,[object Object],PCU – Mary Johnston College of Nursing,[object Object],BSN 2012,[object Object]
LAW,[object Object],Etymology : lex,[object Object],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. ,[object Object],Obligatory upon the people because it commands the people to do right and prohibits them to do wrong.,[object Object]
Branches of Law,[object Object],Divine Law : promulgated by our Creator.,[object Object],Human Law ,[object Object],	* General / Public Law :  includes international law and religious law,[object Object],	* Individual or private law : consists of civil law, mercantile and procedural law.,[object Object]
Jurisprudence,[object Object],Etymology : juris (oral legal tradition and to functional applications of Law, to and in particular sets of facts ans circumstances); prudentia (one who behaves prudently or wisely because he has knowledge of the possible consequences of a particular action).,[object Object]
Jurisprudence (cont),[object Object],Denotes or pertains to the judicial precedent or the course or established decisions of the Supreme Court. ,[object Object]
Kinds of Law,[object Object]
Major Groups of Law,[object Object],Criminal laws,[object Object],Regulate public conduct and set out duties owed to society,[object Object],Civil laws,[object Object],Regulate relations between individuals or groups of individuals,[object Object]
Criminal Laws,[object Object],Legal action brought by the government against a defendant (person charged with committing a crime),[object Object],…have penalties ,[object Object],Imprisonment, fines, probation (placed under supervision),[object Object],Divided into felonies    and misdemeanors,[object Object]
Difference in criminal offenses,[object Object],FELONY,[object Object],Penalty is a term of more than one year in prison,[object Object],Murder, robbery, rape, possession with intent to distribute,[object Object],MISDEMEANOR,[object Object],Penalty is a prison term of one year or less,[object Object],Simple assault, minor theft, possession,[object Object]
Kinds of Laws - Criminal,[object Object],Duties to society,[object Object],Cases brought by gov.,[object Object],Types – ,[object Object],Felony ,[object Object], Summary,[object Object],Misdemeanor,[object Object]
“beyond a reasonable doubt”,[object Object],the standard of proof required in most criminal cases within an adversarial system ,[object Object],Means that if a jury (or a judge in a bench trial) has ANY reasonable doubts about the defendant’s guilt – then it MUST vote not to convict,[object Object]
“preponderance of evidence”,[object Object],standard of proof that must be met by a plaintiff if he or she is to win a civil action,[object Object],The jury (or judge) needs only to decide if it is more likely than not that the plaintiff’s complaint is true.,[object Object],Lower requirement for proof –	Why?,[object Object]
Criminal,[object Object]
Unauthorized use of car,[object Object]
Criminal,[object Object]
Parking Violation,[object Object]
Criminal,[object Object]
Laws to aide persons with diabilities,[object Object]
Drugs,[object Object]
Criminal,[object Object]
Civil Laws,[object Object],Civil action,[object Object],Lawsuit that can be brought by a plaintiff (person) who feels wronged or injured by another person,[object Object],Courts may award the injured person money for the loss or order the one who committed the wrong to make amends insome other way,[object Object],Automobile accident,[object Object]
Civil Laws,[object Object],Regulate many everyday situations,[object Object],Marriage,[object Object],Divorce,[object Object],Contracts,[object Object],Real estate,[object Object],Insurance,[object Object],Negligence,[object Object]
Kinds of Laws - Civil,[object Object],Regulates relations b/w individuals or groups,[object Object],Brought by people for injury by another person,[object Object]
Which Is It? ,[object Object],Truancy,[object Object]
Civil,[object Object]
Warranty Law,[object Object]
DAY 2,[object Object],LEGAL ASPECTS OF NURSING,[object Object]
General Divisions of Law,[object Object],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. ,[object Object],Positive Law – a precept made and imposed by someone in authority. ,[object Object],	* divisions,[object Object],		-  divine law ,[object Object],		-  human law,[object Object]
Applicable laws and jurisprudence in nursing practice,[object Object],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. ,[object Object]
Kinds of Constitution,[object Object],Cumulative or evolved constitution is one that originates in customs, common law principles, decisions or courts, etc.  ,[object Object],Conventional constitution is an enacted constitution because it is deliberately passed by a representative body or a ruler.,[object Object]
Kinds of Constitution (cont),[object Object],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. ,[object Object]
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.,[object Object],Kinds of Constitution (cont),[object Object]
Criminal Law – the branch of law which defines crimes, treats of their nature and provides for their punishment.  ,[object Object],	-  Aptly described as the instrument of criminal policy for it is in criminal law that are found,[object Object],	-  it covers offenses resulting to injuries or death of the patients. ,[object Object]
Prosecution of a criminal offense resulting to injuries…,[object Object],Nature,[object Object],Location,[object Object],Size, shape and incursion,[object Object],Color,[object Object],Number, and,[object Object],Other appearances,[object Object]
Re: Death of a patient..,[object Object],Natural,[object Object],Suicide,[object Object],Homicide / murder / parricide,[object Object],Accident,[object Object],undetermined,[object Object]
Useful pieces of evidences for the criminal offenses ,[object Object],Body,[object Object],Objects on or with the body,[object Object],Injuries sustained,[object Object],Tissues and body fluids,[object Object],Other medical evidence or findings,[object Object]
R.A. 3815 – otherwise known as Revised Penal Code (RPC) which was approved on December 8, 1930 which defines crimes, treats of their nature and provides for their punishment.,[object Object]
Civil Law -  the branch of Law that pertains to the organization of the family and the regulation of property.  It has been defined as the mass of precepts which determine and regulate the relations of assistance, authority and obedience among the members of a family, and those which exist among members of a society for the protection of private interests. ,[object Object]
R.A. 386, popularly known as the New Civil Code (NCC)  or the Civil Code of the Philippines took effect on August 30, 1950 and covers the following aspects of human life; persons and family relations, property rights and ownership, the modes of acquiring ownership, obligations and contracts and special contracts. One important amendment to this code is EO 209, the Family Code, amending its provisions on marriage and family relations.  ,[object Object]
Labor Law is that branch of Law that governs and regulates the relationship of employers and employees.  Broadly called “labor legislation” , it consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and legal framework for negotiating, adjusting and administering those standards and other incidents of employment. ,[object Object]
Labor Law (CONT),[object Object],Labor Standards Law – “that which sets out the minimum terms, conditions and benefits of employment must provide or comply with and to which employees are entitled as a matter of right.,[object Object],Labor Relations Law – defines the status, rights and duties and the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their representatives. ,[object Object]
Labor Code,[object Object],Promulgated as P.D. No 442 on May 1 1974 and took effect on November 1, 1974 except portions on Book IV whose effectivity was deferred to January 1, 1976 by P.D. No. 608.  ,[object Object]
Administrative Law is that branch of law which deals with the activities or functions of executive or administrative agencies  such as the “departments”, bureaus, boards or commission or all other offices under the administrative supervision of the office of the President, which are created and vested by Law with qusi-judicial, quasi-legislative and executive powers. ,[object Object]
Administrative Law (cont),[object Object],Executive Order No. 292 is the principal law in the study of administrative laws in the Philippines and was promulgated by then President Corazon Aquino dated July 25, 1987, otherwise known as the “Administrative Code of 1987”, which incorporated in a single document the major structural, functional and procedural guidelines of governance. ,[object Object]
Administrative Law (cont),[object Object],Professional Regulation Commission (PRC),[object Object],Three main functions,[object Object],Executive,[object Object],Quasi-judicial,[object Object],Quasi-legislative,[object Object]
Functions of the PRC,[object Object],To investigate and decide cases against erring examinees and professionals;,[object Object],To formulate and promulgate policies and guidelines on administrative investigation and professional regulations. ,[object Object],To implement the laws, regulatory policies and standards; and,[object Object],To maintain and promote professional and occupational standards and ethics. ,[object Object]
Civil Service Law is that branch of law which deals with the civil service in all branches, subdivisions, instrumentalities and agencies of the government including government-owned or controlled corporations with an original charter. ,[object Object]
Civil Service Law (cont),[object Object],Primary purpose is to establish and maintain a merit system in the selection of public officers and employees without regard to sex, color, social status or political affiliation.,[object Object],General purpose is to ensure and promote the constitutional mandate regarding appointments, particularly according to the merit and progressive system of personnel administration to ensure the maintenance of an honest, efficient, progressive and courteous civil service in the Philippines. ,[object Object]
Civil Service Commission,[object Object],P.D. No.  110 dated January 26, 1973, created the Civil Service Commission (CSC), replacing the CSC established under R.A. no 2260.  ,[object Object],repealed by PD No. 807 otherwise known as the Civil Service Decree of the Philippines, which was superceded by Subtitle A, Title I, Book V of E.O. No 292, the Administrative Code of 1987, E.O. No 292, which codified the major structural, functional and procedural principles of governance, is the basic legal document in the study of civil service law. ,[object Object]
Case is that body of the prevailing jurisprudence or decisions of the Supreme Court interpreting the laws or the Constitution or applying them to certain sets of facts or actual cases and controversies.   ,[object Object]
TORT,[object Object]
Definition,[object Object],A tort is 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. ,[object Object]
A tort in common law is defined as a civil wrong that involves a breach of civil duty owed to someone else. This is in exception to contractual duty. ,[object Object]
A tort is similar to crime but crimes involve breach of duties toward the society in general. ,[object Object],The aggrieved party who has been injured due to a tort may bring a lawsuit.,[object Object]
One who commits a tort is called tortfeasor. A person who suffers a tortuous act is entitled to receive damages, usually monetary compensation, from the person or people responsible or liable for those injuries. ,[object Object]
Tort law defines what a legal injury is and therefore, a person may be held for an injury that was caused. ,[object Object]
Legal injuries are not limited to physical injuries. They may also include emotional, economic, or reputational injuries as well as violations of privacy, liability.,[object Object]
For defective consumer products, copyright infringement and environmental pollution among many others.,[object Object]
In the law world, the most prominent tort liability is negligence. ,[object Object]
If the injured party can prove that the person believed to have caused the injury acted negligently.,[object Object],That is without taking a reasonable care to avoid injuring others- tort law will allow compensation.,[object Object]
Torts are categorized into negligence torts,   intentional torts and standard torts.,[object Object],Negligence torts: The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, to belief, in each case designed to protect legal rights, including those of personal safety, property and in some cases, intangible economic interests. ,[object Object]
Intentional torts: include those torts arising from the occupation or use of land. The torts of nuisance, trespass, etc come under this category. Intentional torts also include false imprisonment.,[object Object]
The tort of illegally arresting or detaining someone and defamation, broadcasting false information damaging the plaintiff’s reputation.,[object Object]
Statutory torts: Statutory torts are like any other, expect for the fact that these have been enacted by the legislature and not by courts.,[object Object]
Examples include consumer protection laws, labor laws governing safety and health of workers, etc.,[object Object]
The burden to prove a tort vests with the plaintiff. It is his duty to prove the defendant’s negligent tort or intentional tort.,[object Object]
The plaintiff owns a duty of care. A duty of care is a relationship which exists between a plaintiff and the defendant.,[object Object]
There must be a breach of that duty and the plaintiff suffered damages as a result of that breach.,[object Object]
The defendant has to take proper care not to damage or cause injury to the property, emotion, reputation and to the person himself. And lastly, the damage must be significant and not remote.,[object Object]
Nuisance: Legally, the term nuisance is used in three ways, to describe an activity or condition that is harmful or annoying to others.,[object Object]
To describe the harm caused by the before mentioned activity or condition and to describe a legal liability that arises from the combination of the two.,[object Object],Defamation: Defamation is tarnishing the reputation of someone. They are of two types. One is slander and the other is libel.,[object Object],Slander is spoken defamation and libel is printed or broadcast defamation. ,[object Object]
Examples,[object Object],Assault and Battery.,[object Object],Assault is the imminent threat of a harmful or offensive bodily contact.,[object Object],Battery is an intentional, unconsented touching of another person.,[object Object]
False Imprisonment or Illegal Detention.,[object Object], It means that the unjustifiable detention of a person without legal warrant within boundaries fixed by the defendant by an act or violation of duty intended to result in such confinement.,[object Object]
Defamation.,[object Object],Slander is oral defamation of a person by speaking unprivileged or false words by which his reputation is damaged.,[object Object]
Libel is defamation by written words, cartoons or such representations that cause a person to be avoided, ridiculed, or held in contempt or to tend to injure him in his work,[object Object]
Laws relevant to nursing practice,[object Object]
1. PD 48 – four (4) children with paid maternity leave privilege,[object Object],2. PD 69 – four (4) children for personal tax exemption,[object Object],3. PD 79 – Revised the Population Act; Defines the objectives, duties and functions of POPCOM,[object Object],4. PD 223 – Creation of Professional Regulation Commission (PRC) in 1973,[object Object]
5. PD 442 – New Labor code,[object Object],6. PD 491 – Nutrition program,[object Object],7. PD 541 – Former Filipino professionals allowed to practice their respective professions in the Philippines,[object Object],8. PD 568 – 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),[object Object]
9. PD 603 – Child and Youth Welfare Code,[object Object],10. PD 628 – Employee Compensation & State Insurance Fund,[object Object],11. PD 651 – Birth registration following delivery (all health workers shall identify and encourage the registration of all birthswithin 30 days following delivery),[object Object],12. PD 825 – Anti- improper garbage disposal (provides penalty for improper disposal of garbage),[object Object]
13. PD 851 – 13th month pay,[object Object],14. PD 856 – Code of Sanitation – provides for the control of all factors in man’s environment that affect health including thequality of water, food, milk, control of insects, animal carriers, transmitters of diseases, sanitary and recreation facilities, noise,pollution, unpleasant odors and control of nuisance.,[object Object],15. PD 965 – Family Planning and responsible parenthood instructions prior to issuance of marriage license,[object Object],16. PD 996 September 16, 1976 – Compulsory immunization for all children below eight (8) years old against six (6)immunizable diseases,[object Object]
17. PD 1063 – Muslim Holidays,[object Object],18. PD 1204 – Amends PD # 79B. ADMINISTRATIVE ORDERS1. A.O. No. 114 s. 1991 – Revised/updated the roles and functions of the Municipal Health Officers, Public Health Nurses and Rural Health Midwives,[object Object]
19. Dept. Circular Order No. 75 – Reinstitution of Tetanus Toxoid among Pregnant Women,[object Object],20. Min. Circ. No. 2 s. 1986 – Includes AIDS as a notifiable disease,[object Object]
D. EXECUTIVE ORDERS,[object Object],EO 51 – Milk Code,[object Object],2. EO 85 – Integration of Public Health and Hospital Services,[object Object],21. EO 119 – Reorganization of Department of Health,[object Object],22. EO 180 – Guidelines on the right to organize of government employees,[object Object]
5. EO 203 – List of regular holidays & special days,[object Object],6. EO 209 – Family Code of the Philippines (amended by RA 6609),[object Object],7. EO 226 - Command Responsibility,[object Object],8. EO 503 – Provides for the Rule and Regulation Implementing the Transfer of Personnel Assets, Liabilities and Records of National Government,[object Object]
E. HOUSE BILLS,[object Object],1. HB # 16 – Two-Child Policy,[object Object],2. HB # 3773 – Responsible Parenthood and Population Movement Act,[object Object]
F. PRESIDENTIAL PROCLAMATIONS / PRONOUNCEMENTS,[object Object],1. Proc. # 4 – Philippine Measles Elimination Campaign – Declaring the period of  September 16 – October 14, 1998 as the“LigtasTigdas Month”,[object Object],2. Proc. # 6 April 3, 1986 – United Nations - Universal Goal on Child Immunization by 1990,[object Object],3. Proc. # 46 September 16, 1992 – Reaffirming the commitment of the Philippines to the Universal Child and MotherImmunization Goal of the World Health Assembly,[object Object]
4. Proc. # 118 – Professional regulation Week – June 16-22,[object Object],5. Proc. # 539 - Nurse week – every last week of October,[object Object],6. Proc. # 1275 - Midwifery week – every third week of October,[object Object],7. 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,[object Object]
8. Proc. # 773 March 28, 1996 – Every 3rd Wednesday of April and May as the “Knock-out Polio Day”,[object Object],9. Proc. # 1064 August 27, 1997 – Enjoining all sectors of society to participate in the Acute Flaccid Paralysis (AFP)surveillance component of polio eradication campaign,[object Object],10. Proc. # 1066 – Declaring a National Neonatal Tetanus Elimination Campaign starting 1997,[object Object]
LETTERS OF INSTRUCTIONS,[object Object],1. LOI # 149 October 19, 1979 - Adoption of Primary Health Care; Legal basis of primary health care,[object Object],2. LOI #1000 – Members of accredited professional organizations given preference in hiring or attendance to seminars,[object Object],3. ILO convention #149- Improvement of life and work conditions of nursing personnel (ILO Recommendation # 157),[object Object]
H. REPUBLIC ACTS,[object Object],1. RA 491 - Nutrition Law (July month),[object Object],2. RA 611 – MediCare – an employee becomes automatically a member; “Public office is a public trust”,[object Object],3. RA. 1054 – Free emergency medical & dental attendance to employees/laborers of any commercial; industrial or agricultural establishments,[object Object]
4. RA. 1080 – Civil Service eligibility for all degrees with licensure examinations,[object Object],5. RA. 1082 – Creation of 1st Rural Health Act in 1953 - The employment of more physicians, dentists, nurses, midwives and sanitary inspectors who will live in the rural areas where they are assigned to help raise the health condition of the barrio people and thus help abate the still high incidence of preventable diseases in the country. It created the first 81 Rural HealthUnits.,[object Object],6. RA. 1136 – Tuberculosis Law (August Month),[object Object]
7. RA. 1612 – Privilege Tax / Professional Tax,[object Object],8. RA. 1891 – Strengthening Health and Dental services in the rural areas and providing funds thereto; amended RA 1082,[object Object],9. RA. 2382 – Philippine Medical Act,[object Object],10. RA. 3573 – Reporting communicable Disease (all communicable diseases should be reported to the nearest health stationand that any person maybe inoculated, administered or injected),[object Object]
11. RA. 4073 – Liberalized the treatment of Leprosy - Except where the patient requires institutional treatment, no persons afflicted with leprosy shall be confined in a leprosarium. The shall be treated in a government skin clinic, rural health unit or by a duly licensed physician (February – as Leprosy Month).,[object Object]
12. RA. 4226 – Hospital licensure,[object Object],13. RA. 5181 – Permanent residence & reciprocity qualifications for examinations/ registration,[object Object],14. RA. 5901 – Working hours & compensation in agencies with 100 bed capacity,[object Object],15. RA. 6365 – Established a National Policy on Population and Created the Commission of Population,[object Object],16. RA. 6425 – Dangerous Drug Act – the sale, administration, delivery, distribution and transportation of prohibited drugs is punished by law.,[object Object],17. RA. 6675 – Generics Act of 1988 – this promotes, requires and ensures the production of an adequate supply, distribution, use an acceptance of drugs and medicines identified by their generic names.,[object Object]
18. RA. 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees. 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.,[object Object]
19. RA. 6715 – Senior Citizen Center for every Barangay,[object Object],20. RA. 6725 – Prohibition on discrimination vs. women,[object Object],21. RA. 6727 – Wage Rationalization,[object Object],22. RA. 6758 – Salary Standardization of Government employees that includes nurses,[object Object],23. RA. 6972 – Day Care Center in every BarangaY,[object Object]
24. RA. 7160 – Local Government/Autonomy Code (the devolution of powers, functions and responsibility to the local government units),[object Object],25. RA. 7170 – Legacy of donation of all or part of a human body after death,[object Object],26. RA. 7192 – Women in development & Nation Building,[object Object]
27. RA. 7277 – Magna Carta for Disabled persons,[object Object],28. RA. 7305 – Magna Carta for Public Health workers – this Act aims to promote and improve the socio-economic well-being of health workers, their living and working conditions and terms of employment; to developed their skills and capabilities in order that they will be more responsive and better equipped to deliver health project and programs; and to encourage those with proper qualifications and excellent abilities to join and remain in government service.,[object Object]
29. RA. 7432 – Senior Citizen Benefits & Privileges,[object Object],30. RA. 7600 – Rooming –In and Breast feeding Act of 1992,[object Object],31. RA. 7610 – Anti-Child Abuse Law (Special Protection of Children against Child abuse, Exploitation & Discrimination),[object Object],32. RA. 7641 – New Retirement Law of employees in the Private Sector,[object Object],33. RA. 7719 – National Blood Service Act of 1994,[object Object]
34. RA. 7846 – Requires compulsory immunization against Hepatitis B among infants and below 8 years old,[object Object],35. RA. 7875 – National Health Insurance Act of 1995,[object Object],36. RA. 7876 – Senior Citizen Center for Every Barangay,[object Object],37. RA. 7877 – Anti- sexual harassment Act of 199538. RA. 7883 – Barangay Health workers Benefits & Incentives Act of 1992,[object Object]
39. RA. 8042 – Migrant workers & Overseas Filipinos Act of 1992,[object Object],40. RA. 8172 – Asin Law / Iodize Salt Law,[object Object],41. RA. 8187 – Maternity Leave Act of 1995,[object Object],42. RA. 8282 – Social Security Law of 1997 (amended RA 1101),[object Object],43. RA. 8291 – Government Service Insurance System Act of 1997 (amended PD 1146),[object Object],44. RA. 8344 – Hospitals/ doctors to treat emergency cases referred for treatment,[object Object],45. RA. 8353 – Anti-Rape Law,[object Object],46. RA. 8423 – Traditional and Alternative Medicine Act of 1997 (“GamotnaMabisasaAbotKayangHalaga”),[object Object]
47. RA. 8424 – Personal Tax Exemptions ,[object Object],48. RA. 8479 – Clean Air Act,[object Object],49. RA. 8504 – Philippine AIDS Prevention and Control Act of 1998,[object Object],50. RA. 8972 – Nationwide Iodination Law,[object Object],51. RA. 8976 – Food Fortification Act,[object Object],52. RA. 8981 – PRC Modernization Act of 2000,[object Object],53. RA. 9173 – The Nursing Act of 2002,[object Object],54. RA. 9211 – No Smoking Act,[object Object],55. RA. 9257 – Expanded Senior Citizen Act of 2003,[object Object],56. RA. 9262 - Domestic Violence Act,[object Object]
BOARD OF NURSING RESOLUTIONS,[object Object],1. BON # 557 Series 1988 – Code of Ethics,[object Object],2. BON # 100 Series 1993 – Implementing Rules & Regulations of RA 7392,[object Object],3. BON # 633 Series 1964 – ICN Code of ethics,[object Object],4. BON # 1955 Series 1989 – PNA Code of Ethics,[object Object],5. BON # 08 Series 1994 – Special Training on intravenous injections for the R.N.,[object Object]
6. BON # 20 Series 1994 – Implementing Rules & Regulations of RA 7164,[object Object],7. BON # 110 Series 1994 – Guide to Evaluate Compliance with Standards for Safe Nursing Practice,[object Object]
J. SALIENT ASPECTS IN THE 1987 CONSITUTION OF THE PHILIPPINES,[object Object],1. Article II – Declaration of Principles & State Policies ,[object Object],Sector 11 – Human Dignity and right,[object Object],12 – Sanctity of family, equal protection of the life of the mother and the unborn from conception,[object Object],13 – Role of the youth in nation building,[object Object],15 – Right to health,[object Object],16 – Right to a balanced & healthy ecology,[object Object]
2. Article III – Bill of Rights,[object Object],Section 1 – Equal protection of laws & the due Process of Law,[object Object],3 – Privacy of Communication and Correspondence,[object Object],8 – Formation of unions, associations or societies,[object Object],12 – To remain silent ,[object Object],6 have counsel when under investigation,[object Object],14 – The accused person is presumed innocent until the contrary is proved,[object Object]
3. Article IV – Citizenship,[object Object],Sector 3 – Philippine citizenship may be lost or re-acquired in the manner provide by law.,[object Object]
4. Article XIII – Social Justice & Human RightsSector,[object Object],3 – Right of all workers to self- organization, collective bargaining and negotiations and peaceful concerted activities.,[object Object],11 – Priority for the needs of the under- privileged, sick, elderly, disabled, woman and children.,[object Object],13 – Special agency for disabled persons,[object Object],14 – Protection of working women,[object Object]
5. Article XV – The Family,[object Object],Sector 1 – Filipino family as the foundation of the nation,[object Object],2 – Marriage, as an inviolable social institution, is the foundation of the family,[object Object],4 – The family has the duty to care for its elderly members,[object Object]
Let's take a break!!!,[object Object]
LEGAL BASES OF NURSING EDUCATORS, NURSING REGULATION AND NURSING PRACTICE,[object Object]
Nursing Education and nursing practice are constantly interacting while in the process of rapid change to adopt to the existing demands and condition of the health care delivery system.,[object Object],They are complimenting each other.,[object Object],The success of nursing practice rest upon a sound educational foundation of the nurse.,[object Object],The goal of nursing education is to prepare the nursing student for nursing practice.,[object Object]
Goal of nursing practice is to provide quality nursing service and improve nursing care. ,[object Object],This is when nursing regulation comes into play. ,[object Object],Everyone has a right to nursing education as a constitutionally guaranteed right. ,[object Object]
Art. XIV, Sec. 1 of the 1987 Constitution ,[object Object],To protect and promote the right of all citizen to quality education at all level and to take all appropriate steps to make such education accessible to all.,[object Object]
R.A. No. 9173 – Nursing Law,[object Object],Aims to provide a sound general and professional foundation for the practice of nursing through quality nursing education.,[object Object],The first policy encourages nursing schools and colleges to implement some standards for admission, qualifying exams for 3rd year level promotion and quality part indices for the continuance of nursing student in their respective nursing degree programs to ensure the quality of their nursing graduates. ,[object Object]
R.A. No, 9173 – Nursing Law (cont),[object Object],The 2nd policy – total quality education can only be achieved when the government makes it accessible to all who are fit and prepared for it.,[object Object],Uplift standard of nursing education for this country to produce quality nursing graduates and ultimately globally competitive Filipino Nurses. ,[object Object],Not to discriminate against student where spirits are willing but in intellectual, they are wanting. ,[object Object],Every Filipino has the right to education however; every Filipino has the responsibility to know his limitation and to change the course for which he is suited. ,[object Object]
A.  NURSING EDUCATION,[object Object],R.A. 7164 ,[object Object],	Required a certification by the school that the applicant belong to the upper 40% of the graduating class, as a general requirement to the nursing degree course.,[object Object],R.A. 9173,[object Object],	>  deletion of said admission requirement,[object Object],	>  one high school performance is not an accurate basis for college admission and students’ mental competence and psychological preparedness for college education.,[object Object],	>  More nursing students because more graduating students will be eligible to enroll in nursing degree program and more nursing schools will be opened and offer the degree of BSN. ,[object Object]
NURSING EDUCATION (Cont),[object Object],R.A. 7722 – CHED,[object Object],	Provide standard or minimum requirement for the operation and regulation of educational institution offering tertiary courses such as BSN.,[object Object]
[object Object]
Created through R.A. 7722, May 18, 1994CHED Memo Circular No. 30, s. 2001,[object Object],Updated policies and standards for nursing education.,[object Object],New policy directing the CHED to regulate the establishment and operation of review center.,[object Object]
CHED Policy on Nursing schools and colleges,[object Object],Nurses are needed in every part of the world, with the tremendous global demand, nursing schools and colleges are sprouting everywhere like mushrooms.,[object Object],Authority to open and close nursing schools / colleges ,[object Object]
CMO No. 30,[object Object],The authorization to open a nursing school shall be based upon:,[object Object],		1.  written recommendation of BON, PRC and NSA (National Student Affiliation), DOH,[object Object],		2.  approval of CHED,[object Object],The power of BON as to authorization of opening or closing nursing schools is recommendatory pursuant to COM No. 30 and RA 9173.,[object Object]
B.  ADMINISTRATION AND FACULTY,[object Object],Fulltime Dean and Faculty,[object Object],Qualification of Dean,[object Object],[object Object]
Filipino Citizen
Currently registered nurse in the Philippines
Holder of Master’s Degree in Nursing
5 years of competent teaching and supervisory experience in college or institute of nursing.
Member of good standing (ADPCN) and accredited national nursing organization (PNA),[object Object]
C.  NURSING REGULATION,[object Object],Professional Regulatory Board of Nursing,[object Object],		* created under new nursing law (RA 9173),[object Object],		* Primary agency responsible for the regulation of the admission, registration and practice of nursing profession in the Philippines. ,[object Object],		*  Composition of BON,[object Object],			* one Chairperson,[object Object],			* Six Members,[object Object],			*  Appointed by the President of ,[object Object],                              the Philippines,[object Object]
Qualification of Chairperson and Members of BON,[object Object],Representative of 3 areas of nursing (education, service and community health nursing),[object Object],Natural born citizen and resident of the Philippines.,[object Object],Member of good standing accredited professional organization of nurses.,[object Object],Registered nurses and holder of Master’s Degree,[object Object],10 years of continuous practice of the profession prior to appointment,[object Object],No conviction of any offense involving sound turpitude. ,[object Object]
Powers, Duties and Responsibilities of the BON,[object Object],Conduct licensure examination for nurses (R.A. 8981),[object Object],[object Object]
Determine and prepare the questions for the licensure examinations which shall strictly be within the scope of syllabi or table of specification of the subject for examination.,[object Object]
Negligence ,[object Object]
Definition,[object Object],It refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstances would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property.,[object Object]
Civil Code, Article 19,[object Object],One shall act with justice, give every man his due, observe honesty and good faith.,[object Object]
Civil Code, Article 20,[object Object],Those who, in the performance of their obligations through negligence cause any injury to another, are liable for damages.,[object Object]
Common Acts of Negligence,[object Object],Burns,[object Object],Objects left inside the patient’s body,[object Object],Falls of elderly,[object Object],Falls of children,[object Object],Failure to observe and take appropriate action as needed,[object Object]
Specific Examples,[object Object],Failure to report observations to attending physicians,[object Object],Failure to exercise the degree of diligence which the circumstances of the particular case demands,[object Object],Mistaken identity,[object Object],Wrong medicine, wrong concentration, wrong route, wrong dose,[object Object]
Conditions for Res ipsaloquitor,[object Object],That the injury was of such nature that it would normally occur unless there was a negligent act on the part of someone,[object Object],That the injury was caused by an agency within control of the defendant,[object Object],That the plaintiff himself did not engage in any manner that would tend to bring about the injury,[object Object]
Malpractice,[object Object]
Definition,[object Object],Implies the idea of improper or unskillful care of a patient by a nurse,[object Object],Denotes stepping beyond one’s authority with serious consequences,[object Object],Is a term for negligence or carelessness of professional personnel,[object Object],Refers to a negligent act committed in the course of professional performance (1962),[object Object]
MEDICAL ORDERS, DRUGS, and medications.,[object Object]
RA 6675,[object Object],Only validly registered medical, dental and veterinary practitioners, whether in private institution, corporation or in the government, are authorized to prescribed drugs.,[object Object]
RA 5921 (PHARMACY ACT),[object Object],All prescriptions must contain the following information:,[object Object],Name of the prescriber,[object Object],Office address,[object Object], professional registration number,[object Object],Professional tax receipt number,[object Object],Patient’s/client’s name, age , sex,[object Object],Date of prescription.,[object Object]
RA 6675,[object Object],Requires that the drug  be written in their generic names.,[object Object],Only when these orders are legal  writing and bear the doctor’s signature thus the nurse have the legal right to follow them,[object Object],The nurse  must not execute an order if she is reasonably certain it will result in harm to the patient.,[object Object]
INTRAVENOUS THERAPY AND LEGAL IMPLICATIONS,[object Object],Philippine nursing act of 1991  section 28 ,[object Object],“ in the administration of intravenous injections, special training shall be required according to protocol established”.,[object Object],Basis of nurses legal right to give IV injection.,[object Object],Board of nursing resolution no. 8 states that any registered nurse without such training and who administers IV injections to patients should be held liable, either criminally or administratively or both.,[object Object]
TELEPHONE ORDERS,[object Object],Only in an extreme emergency and when  no other resident or intern is available should a nurse receive telephone orders.,[object Object],The nurse should read back such order to the physician to make certain the order has been correctly written.,[object Object],Such order should be sign by the physician on his next visit within 24 hours.,[object Object]
MEDICAL RECORDS,[object Object],Supplies rich material for medical and nursing research ,[object Object],Serves as a legal protection for the hospital, doctor, and nurse by reflecting the disease or condition of the patient and his management.,[object Object],“if it was not charted, it was not observed or done”.,[object Object]
CONTINUATION..,[object Object],Nurses are expected to record fully, accurately, legibly and promptly their observations from admission to the time of the patient’s discharge.,[object Object],Nurses are legally and ethically bound to protect the patient’s chart from unauthorized person.,[object Object]
CHARTING DONE BY STUDENT NURSES,[object Object],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.,[object Object],Anyone who countersigns without verification commits herself to possible legal risks.,[object Object]
Liabilities of nurses for the work of nursing aides,[object Object],Nurses should not delegate their functions to nursing aides since the Philippine nursing act specifies the scope of nursing practice of professional nurses.,[object Object],Nurses are enjoined to supervise their subordinates and see to it that they perform only those which they been taught to do and those which they are capable of doing.,[object Object]
Nursing aids are responsible for their actions.,[object Object],Nurses should not delegate their functions to nursing aides.,[object Object],Nursing aides perform selected nursing activities under the direct supervision of nurses.,[object Object]
LIABILITY FOR THE WORK OF NURSING STUDENTS,[object Object],RA 9173 – nursing students do not perform professional nursing duties.,[object Object],Nursing students should be under supervision of their clinical instructors.,[object Object],In order that the errors committed by nursing students will be avoided or minimized, the following measures should be taken:,[object Object],Nursing students should always be under supervision of their clinical instructors.,[object Object]
They should be given assignments that are their level of training experience and competency.,[object Object],They should be advised to seek guidance if they are performing a procedure for the first time.,[object Object],They should be oriented to the policies where they are assigned.,[object Object],Their performance should be assessed frequently to determine their strength and weaknesses.,[object Object]
 CRIMES,[object Object]
Crime defined,[object Object],It is an act committed or omitted in violation of the law. It is composed of two elements: (1) criminal act and (2) evil/criminal intent,[object Object]
Conspiracy to commit a crime,[object Object],A conspiracy to commit a crime exists when two or more persons agree to commit a felony and decide to do it.,[object Object]
Criminal Liability,[object Object], nurse may incur criminal liability or subject herself to criminal prosecution either by committing a felony or by performing an act which would be an offense against person or property.,[object Object]
Ignorance of the law is not an excuse for failure to comply therewith.,[object Object],Violators of the criminal law cannot escape punishment on the ground of ignorance of the law,[object Object]
Circumstances affecting criminal liability,[object Object],Justifying circumstances,[object Object],Exempting circumstances,[object Object],		- an imbecile or insane person, unless the latter has acted during a lucid interval.,[object Object],		-below 9 years old,[object Object],		-over 9 years of age and under fifteen unless he/she acted with discernment,[object Object]
		- causes an injury which is merely an accident without fault or intention or causing it,[object Object],		-acts under the compulsion of an irresistible force,[object Object],		-acts under the impulse of an uncontrollable fear of an equal or greater injury,[object Object]
Mitigating circumstances,[object Object],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 degree of moral culpability. ,[object Object]
Aggravating circumstances	,[object Object],Are those attending the commission of crime and which increase the criminal liability of the offender or make his guilt or more severe.,[object Object],Some of the ff circumstances:,[object Object],When the offender takes advantages of his public position.,[object Object],When the crime is commited in place of worship,[object Object],When the act is committed with evident premeditation or after an unlawful entry.,[object Object]
Alternative circumstances,[object Object],    -are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending in commission.,[object Object],Should be taken consideration when the offended party is the spouse, ascendant or descendant, legitimate, natural or adopted or relatives.,[object Object]
Points  in order to avoid criminal liability:,[object Object],1. Be very familiar with the Philippine nursing law.,[object Object],2. Beware of laws that affecting nursing practice,[object Object],3. At the start of employment, get a copy of your job description, the agency’s rules, regulations and policies.,[object Object],4. Upgrade you skills and competence,[object Object]
5. Accept only such responsibility that is within the scope of your employment and your job description.,[object Object],6. Do not delegate your responsibilities to others.,[object Object],7. Determine whether your subordinates are competent in the work you are assigning them.,[object Object],8. Develop good interpersonal  relationships with your co-workers, whether they be your supervisors, peers or subordinates.,[object Object]
9. Consult your superior for problems that maybe too big for you to handle.,[object Object],10. Verify orders that are not clear to you or those that seem to be erroneous.,[object Object],11. The doctors should be informed about the patients conditions,[object Object],12. Keep in mind the values and necessity of keeping accurate and adequate records,[object Object],13. Patients are entitled to an informed consent.,[object Object]
Examples  liabilities of Nursing:,[object Object],Liability for injury to patient,[object Object],Liability for sponge left in the patient’s abdomen,[object Object],Liability for a safety pin left in patient’s abdomen,[object Object],Liability for defective equipment,[object Object],Liability for  death for patient who jump from window of his room,[object Object]
Liability for negligence of surgical nurse,[object Object],Liability for rapture of surgical wound.,[object Object],Liability for burns  for suffered by patient,[object Object],Liability for burns from hot water bags,[object Object],Liability for negligence of nurse employees,[object Object],Liability fro death of infant resulting from injection of digitalis,[object Object],Liability of nurse performing administrative work,[object Object]
Principals,[object Object],Are those who take a direct part in the execution of the act; who directly force or induce others to commit; or who cooperate in the commission of the offense by another act without which it would not have been accomplished.,[object Object]
Accomplices,[object Object],Are those persons who, not being principals, cooperate in the execution in the offense by previous or simultaneous act.,[object Object]
Accessories,[object Object],Are those who, having knowledge of the commission of the crime, either as principals or accomplices, take part in the subsequent to its commission by profiting themselves or assisting the offender to profit from the effects of the crime.,[object Object]
Criminal Actions,[object Object],Deal with acts or offenses against public welfare.,[object Object]
Misdemeanor,[object Object],Is a general name for a criminal offense which does not in law amount to felony.,[object Object]
Felony,[object Object],Is a public offense for which a convicted person is liable to be sentenced to death or to be imprisoned in a penitentiary or prison.,[object Object],Is committed with deceit and fault.,[object Object]
Criminal negligence,[object Object],Reckless imprudence – when a person does an act or fails to do it voluntarily but without malice, from which material damage results immediately.,[object Object],Simple imprudence means that the person or nurse did not use precaution and damage was not immediate or the impending danger was not evident or manifest.,[object Object]
Criminal intent,[object Object],Is the state of mind of a person at the time the criminal act is committed.,[object Object],Two elements of deliberate intent: freedom and intelligence                                                                                              ,[object Object]
Lawsuits,[object Object],Actions brought to the court or tribunal. ,[object Object],Any action, complaint, charge, case or legal proceeding brought before the court of law, tribunal or quasi-judicial body, in which the party commencing the case seeks a legal remedy. ,[object Object],It is initiated by any person who is called the plaintiff in civil action or the complainant in other lawsuits, against another who is called the defendant in civil actions or the respondent in  administrative case or the accused in criminal case. ,[object Object]
Lawsuits (cont),[object Object],Three (3) basic lawsuits are civil, criminal and administrative. ,[object Object],The parties in a lawsuit:,[object Object],	a.  Civil actions, the plaintiff against the defendant.,[object Object],	b.  Criminal Actions , the people against the accused.,[object Object],	c.  Administrative cases, the complainant against respondent. ,[object Object]
Liability,[object Object],An obligation or duty which is owed by one person to another to refrain from some course or conduct injurious to the latter or to perform some act or to do something for the benefit of the latter and for breach of which the law gives the remedy to the latter as damages, restitution, specific performance, and / or injunction. ,[object Object]
Liability (cont),[object Object],Simply the legal responsibility for acts or failure to act according to standards, protocols or policies of the hospital, resulting in another person’s injury or death.  ,[object Object],It means legal accountability or obligation to pay money, do or refrain to do something, and / or serve penalty as adjudged by the court or administrative body. ,[object Object]
Legal Doctrine,[object Object],A framework, set of rules, procedural steps, or test, often established through precedent in the common law through which judgments can be determined in a given legal case or lawsuit. ,[object Object],Generally accepted principle of law which is being used or applied in the resolution of cases, be it administrative, civil or criminal. ,[object Object]
Kinds of Civil Liability,[object Object],Actual or compensatory damages pertain to losses that are actually sustained by the plaintiff.  These are “such compensation or damages for an injury and will put the injured party in the position in which he was before he was injured. ,[object Object],Moral Damages are awarded by reason of physical suffering, mental anguish, fright, serious anxiety, besmirched, reputation, wounded feelings, moral shock, social humiliation and similar injury. ,[object Object]
Nominal damages are awarded for vindication or recognition of a legal right.,[object Object],Temperate or moderate damages are those damages which are more than nominal but less than compensatory damages which may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty. ,[object Object]
Liquidated damages are those damages agreed upon by the parties to a contract, to be paid in case of breach thereof. ,[object Object],Exemplary or corrective damages are those imposed by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. ,[object Object]
Lawsuits in Nursing Practice,[object Object],Felony - RPC,[object Object],Offense - special law ,[object Object],Infraction - ordinance,[object Object]
Criminal Negligence, mala in se and mala prohibita,[object Object],Criminal Negligence – committed by means of faulty (culpa); deceit (dolo) (mala in se) and those which are punished by special law (mala prohibita).  ,[object Object]
Kinds of criminal negligence,[object Object],Reckless imprudence – doing or failing to do an act resulting to injuries or death due to an inexcusable lack of precaution.,[object Object],Simple imprudence -  mere lack of precaution in a situation where threatened harm is not immediate or the impending danger is not openly visible or manifest. ,[object Object]

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  • 126. Holder of Master’s Degree in Nursing
  • 127. 5 years of competent teaching and supervisory experience in college or institute of nursing.
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