LEGAL ASPECTS OFNURSINGNelia B. Perez RN, MSNPCU – Mary JohnstonCollege of NursingBSN 2013
LAW• Etymology : lex• A set of rules established by a governing  power to guide actions, regulate conduct  of the people a...
Sources of Law• The Constitution• Statutes• Administrative Law
Kinds of Law
Major Groups of Law• Criminal laws   • Regulate public conduct and set out     duties owed to society• Civil laws   • Regu...
Criminal Laws• Legal action brought by the government  against a defendant (person charged with  committing a crime)• …hav...
Difference in criminal offenses• FELONY                   • MISDEMEANOR  • Penalty is a term of    • Penalty is a prison  ...
Kinds of Laws - Criminal• Duties to society• Cases brought by gov.• Types –  • Felony  • Summary  • Misdemeanor
“beyond a reasonable doubt”• the standard of proof required in most  criminal cases within an adversarial  system• Means t...
“preponderance of evidence”       • standard of proof that must be         met by a plaintiff if he or she is         to w...
Jurisprudence• Etymology : juris (oral legal tradition and to  functional applications of Law, to and in  particular sets ...
Jurisprudence (cont)• Denotes or pertains to the judicial  precedent or the course or established  decisions of the Suprem...
Kinds of Law
Major Groups of Law• Criminal laws   • Regulate public conduct and set out     duties owed to society• Civil laws   • Regu...
Criminal Laws• Legal action brought by the government  against a defendant (person charged with  committing a crime)• …hav...
Difference in criminal offenses• FELONY                   • MISDEMEANOR  • Penalty is a term of    • Penalty is a prison  ...
Kinds of Laws - Criminal• Duties to society• Cases brought by gov.• Types –  • Felony  • Summary  • Misdemeanor
“beyond a reasonable doubt”                    • the standard of proof                      required in most criminal     ...
“preponderance of evidence”• standard of proof that must be met by a  plaintiff if he or she is to win a civil action• The...
Civil Laws• Civil action   • Lawsuit that can be brought by a     plaintiff (person) who feels wronged or     injured by a...
Civil Laws• Regulate many everyday situations   • Marriage   • Divorce   • Contracts   • Real estate   • Insurance   • Neg...
Kinds of Laws - Civil• Regulates relations b/w  individuals or groups• Brought by people for injury  by another person
Which Is It?Truancy
Civil
Warranty Law
General Divisions of Law               • Natural Law – an integral part of                 nature because it is immutable ...
Applicable laws andjurisprudence in nursingpractice    1. Constitutional Law is that                 branch of the science...
Kinds of Constitution               • Cumulative or evolved                 constitution is one that                 origi...
Kinds of Constitution (cont) • Written constitution is one where the   provisions are embodied in one   document or sets o...
Kinds of Constitution (cont)              • Rigid constitution is one that                can be amended only by a        ...
2. Criminal Law – the branch of law   which defines crimes, treats of   their nature and provides for their   punishment. ...
Prosecution of a criminal offenseresulting to injuries…            • Nature          • Color            • Location        ...
Re: Death of a patient..•   Natural•   Suicide•   Homicide / murder / parricide•   Accident•   undetermined
Useful pieces of evidencesfor the criminal offenses•   Body•   Objects on or with the body•   Injuries sustained•   Tissue...
R.A. 3815 – otherwise known asRevised Penal Code (RPC) which  was approved on December 8,1930 which defines crimes, treats...
3. Civil Law - the branch of Law that pertains to   the organization of the family and the   regulation of property. It ha...
R.A. 386, popularly known as the New CivilCode (NCC) or the Civil Code of thePhilippines took effect on August 30, 1950and...
4. Labor Law is that branch of Law that   governs and regulates the relationship of   employers and employees. Broadly   c...
Labor Law (CONT)          • Labor Standards Law – “that which            sets out the minimum terms,            conditions...
Labor Code• Promulgated as P.D. No 442 on  May 1 1974 and took effect on  November 1, 1974 except  portions on Book IV who...
5. Administrative Law is that branch   of law which deals with the   activities or functions of executive   or administrat...
Administrative Law (cont)• Executive Order No. 292 is the principal  law in the study of administrative laws in  the Phili...
Administrative Law (cont)• Professional Regulation Commission  (PRC)• Three main functions   • Executive   • Quasi-judicia...
Functions of the PRC• To investigate and decide cases against  erring examinees and professionals;• To formulate and promu...
6.   Civil Service Law is that branch of law     which deals with the civil service in all     branches, subdivisions, ins...
Civil Service Law (cont)            • Primary purpose is to establish and              maintain a merit system in the sele...
Civil Service Commission            • P.D. No. 110 dated January 26, 1973,              created the Civil Service Commissi...
7.   Case is that body of the prevailing     jurisprudence or decisions of the     Supreme Court interpreting the laws or ...
TORT
Definition• A tort is a legal wrong,  committed against a person or  property independent of a  contract which renders the...
• A tort in common  law is defined as a  civil wrong that  involves a breach of  civil duty owed to  someone else. This  i...
• A tort is similar to crime  but crimes involve breach  of duties toward the  society in general.• The aggrieved party wh...
• One who commits a tort is  called tortfeasor. A person  who suffers a tortuous act is  entitled to receive damages,  usu...
• Tort law defines what a  legal injury is and  therefore, a person may  be held for an injury that  was caused.
• Legal injuries are not  limited to physical  injuries. They may also  include emotional,  economic, or  reputational inj...
• For defective consumer  products, copyright  infringement and  environmental pollution  among many others.
• In the law world, the  most prominent tort  liability is negligence.
• If the injured party can  prove that the person  believed to have caused  the injury acted negligently.• That is without...
Torts are categorized into negligence torts,intentional torts and standard torts.           • Negligence torts: The standa...
• Intentional torts: include  those torts arising from  the occupation or use of  land. The torts of  nuisance, trespass, ...
• The tort of illegally  arresting or detaining  someone and  defamation, broadcasting  false information  damaging the pl...
• Statutory torts: Statutory  torts are like any other,  expect for the fact that these  have been enacted by the  legisla...
• Examples include  consumer protection  laws, labor laws  governing safety and  health of workers, etc.
• The burden to prove a tort  vests with the plaintiff. It is  his duty to prove the  defendant’s negligent tort or  inten...
• The plaintiff owns a duty of  care. A duty of care is a  relationship which exists  between a plaintiff and the  defenda...
• There must be a breach of that  duty and the plaintiff suffered  damages as a result of that  breach.
• The defendant has to take  proper care not to damage  or cause injury to the  property, emotion,  reputation and to the ...
• Nuisance: Legally, the term  nuisance is used in three  ways, to describe an activity  or condition that is harmful  or ...
• To describe the harm caused by  the before mentioned activity or  condition and to describe a legal  liability that aris...
• Assault and Battery.Examples             • Assault is the imminent threat               of a harmful or offensive       ...
• False Imprisonment or Illegal  Detention.   • It means that the unjustifiable     detention of a person without     lega...
• Defamation.  • Slander is oral defamation of a    person by speaking unprivileged    or false words by which his    repu...
• Libel is defamation by written  words, cartoons or such  representations that cause a  person to be avoided,  ridiculed,...
LAWS RELEVANT TONURSING PRACTICE
1. PD 48 – four (4) children with paid  maternity leave privilege2. PD 69 – four (4) children for  personal tax exemption3...
5. PD 442 – New Labor code6. PD 491 – Nutrition program7. PD 541 – Former Filipino professionalsallowed to practice their ...
• 9. PD 603 – Child and Youth Welfare  Code• 10. PD 628 – Employee Compensation &  State Insurance Fund• 11. PD 651 – Birt...
• 13. PD 851 – 13th month pay• 14. PD 856 – Code of Sanitation – provides  for the control of all factors in man’s  enviro...
17. PD 1063 – Muslim Holidays18. PD 1204 – Amends PD # 79B.  ADMINISTRATIVE ORDERS1. A.O. No.  114 s. 1991 – Revised/updat...
19. Dept. Circular Order No. 75 –  Reinstitution of Tetanus Toxoid among  Pregnant Women20. Min. Circ. No. 2 s. 1986 – Inc...
D. EXECUTIVE ORDERS•   EO 51 – Milk Code•   2. EO 85 – Integration of Public Health    and Hospital Services• 21. EO 119 –...
• 5. EO 203 – List of regular holidays &  special days• 6. EO 209 – Family Code of the  Philippines (amended by RA 6609)• ...
E. HOUSE BILLS        • 1. HB # 16 – Two-Child Policy        • 2. HB # 3773 – Responsible          Parenthood and Populati...
F. PRESIDENTIAL PROCLAMATIONS /PRONOUNCEMENTS        1. Proc. # 4 – Philippine Measles          Elimination Campaign – Dec...
4. Proc. # 118 – Professional  regulation Week – June 16-225. Proc. # 539 - Nurse week – every  last week of October6. Pro...
8. Proc. # 773 March 28, 1996 –Every 3rd Wednesday of April andMay as the “Knock-out Polio Day”9. Proc. # 1064 August 27, ...
LETTERS OF INSTRUCTIONS        • 1. LOI # 149 October 19, 1979 -          Adoption of Primary Health Care;          Legal ...
H. REPUBLIC ACTS         1. RA 491 - Nutrition Law (July month)         2. RA 611 – MediCare – an employee           becom...
• 4. RA. 1080 – Civil Service eligibility for all  degrees with licensure examinations• 5. RA. 1082 – Creation of 1st Rura...
• 7. RA. 1612 – Privilege Tax /  Professional Tax• 8. RA. 1891 – Strengthening Health  and Dental services in the rural  a...
• 11. RA. 4073 – Liberalized the  treatment of Leprosy - Except  where the patient requires  institutional treatment, no  ...
• 12. RA. 4226 – Hospital licensure• 13. RA. 5181 – Permanent  residence & reciprocity  qualifications for examinations/  ...
16. RA. 6425 – Dangerous DrugAct – the sale, administration,delivery, distribution andtransportation of prohibited drugsis...
• 18. RA. 6713 – Code of Conduct and  Ethical Standards for Public Officials and  Employees. This Code upholds a time-  ho...
• 19. RA. 6715 – Senior Citizen Center  for every Barangay• 20. RA. 6725 – Prohibition on  discrimination vs. women• 21. R...
• 24. RA. 7160 – Local  Government/Autonomy Code  (the devolution of powers,  functions and responsibility to  the local g...
• 27. RA. 7277 – Magna Carta for  Disabled persons• 28. RA. 7305 – Magna Carta for Public  Health workers – this Act aims ...
• 29. RA. 7432 – Senior Citizen Benefits &  Privileges• 30. RA. 7600 – Rooming –In and Breast  feeding Act of 1992• 31. RA...
• 34. RA. 7846 – Requires  compulsory immunization against  Hepatitis B among infants and below  8 years old• 35. RA. 7875...
39. RA. 8042 – Migrant workers &  Overseas Filipinos Act of 199240. RA. 8172 – Asin Law / Iodize Salt  Law41. RA. 8187 – M...
43. RA. 8291 – Government  Service Insurance System Act  of 1997 (amended PD 1146)44. RA. 8344 – Hospitals/ doctors  to tr...
47. RA. 8424 – Personal TaxExemptions48. RA. 8479 – Clean Air Act49. RA. 8504 – Philippine AIDSPrevention and Control Act ...
52. RA. 8981 – PRCModernization Act of 200053. RA. 9173 – The Nursing Actof 200254. RA. 9211 – No Smoking Act55. RA. 9257 ...
BOARD OF NURSINGRESOLUTIONS• 1. BON # 557 Series 1988 – Code of  Ethics• 2. BON # 100 Series 1993 – Implementing  Rules & ...
• 6. BON # 20 Series 1994 – Implementing  Rules & Regulations of RA 7164• 7. BON # 110 Series 1994 – Guide to  Evaluate Co...
J. SALIENT ASPECTS IN THE 1987CONSITUTION OF THE PHILIPPINES           1. Article II – Declaration of Principles &        ...
2. Article III – Bill of RightsSection 1 – Equal protection of laws & thedue Process of Law       3 – Privacy of Communica...
3. Article IV – Citizenship         • Sector 3 – Philippine           citizenship may be lost or           re-acquired in ...
4. Article XIII – Social Justice &Human Rights Sector          3 – Right of all workers to self-          organization, co...
5. Article XV – TheFamily          • Sector 1 – Filipino family as the            foundation of the nation          • 2 – ...
LEGAL PROTECTIONS    IN NURSING
•   Labor Law•   Magna Carta (R.A. 7305)•   Nursing Education•   Drug Education Law•   The Good Samaritan Law
LEGAL BASES OF NURSING EDUCATORS, NURSING REGULATIONAND NURSING PRACTICE
R.A. 9173• AN ACT PROVIDING FOR A MORE  RESPONSIVE NURSING PROFESSION,  REPEALING FOR THE PURPOSE  REPUBLIC ACT NO. 7164, ...
R.A. No. 9173 – Nursing Law         • Aims to provide a sound general           and professional foundation for the       ...
R.A. No, 9173 – Nursing Law (cont)           • The 2nd policy – total quality education can             only be achieved w...
• Nursing Education and nursing  practice are constantly interacting  while in the process of rapid  change to adopt to th...
• Goal of nursing practice is to  provide quality nursing service  and improve nursing care.• This is when nursing regulat...
Art. XIV, Sec. 1 of the 1987Constitution        • To protect and promote the right          of all citizen to quality educ...
NURSING EDUCATION
NURSING EDUCATION        • R.A. 7164          Required a certification by the school that the          applicant belong to...
NURSING EDUCATION (Cont)           • R.A. 7722 – CHED             Provide standard or minimum             requirement for ...
•Duly authorized government agency thatapproves the opening and regulates theoperation of nursing schools all over thecoun...
CHED Policy on Nursing schools andcolleges          • Nurses are needed in every part            of the world, with the   ...
CMO No. 30             • The authorization to open a nursing school               shall be based upon:                    ...
B. ADMINISTRATION AND FACULTY          • Fulltime Dean and Faculty          Qualification of Dean          • Perform vital...
Qualification and Rank of Faculty Members             • A Filipino Citizen             • Currently RN in the Philippines  ...
NURSING REGULATION
NURSING REGULATION          • Professional Regulatory Board of Nursing                 * created under new nursing law (RA...
Qualification of Chairpersonand Members of BON              • Representative of 3 areas of nursing                (educati...
Powers, Duties andResponsibilities of the BON      • Conduct licensure examination for nurses        (R.A. 8981)          ...
Conduct licensure examinationfor nurses (R.A. 8981)-Cont• To score and rate the examination papers  with the name and sign...
STANDARDS OFNURSINGPRACTICE
Negligence
Definition• It refers to the commission or  omission of an act, pursuant to  a duty, that a reasonably  prudent person in ...
Civil Code, Article 19• One shall act with justice, give  every man his due, observe  honesty and good faith.
Civil Code, Article 20• Those who, in the performance  of their obligations through  negligence cause any injury to  anoth...
Common Acts of Negligence• Burns• Objects left inside the patient’s  body• Falls of elderly• Falls of children• Failure to...
Specific Examples             • Failure to report observations to               attending physicians             • Failure...
Conditions for Res ipsa loquitor          • That the injury was of such nature that it            would normally occur unl...
Malpractice
• Implies the idea of improper orDefinition   unskillful care of a patient by a             nurse           • Denotes step...
MEDICAL ORDERS,DRUGS, andmedications.
• Only validly registeredRA 6675            medical, dental and            veterinary            practitioners, whether   ...
RA 5921 (PHARMACY ACT)• All prescriptions must contain the following  information:   • Name of the prescriber   • Office a...
RA 6675• Requires that the drug be written in their  generic names.   • Only when these orders are legal     writing and b...
INTRAVENOUS THERAPY AND LEGALIMPLICATIONS       • Philippine nursing act of 1991 section 28          • “ in the administra...
TELEPHONE ORDERS• Only in an extreme emergency and when  no other resident or intern is available  should a nurse receive ...
MEDICAL RECORDS• Supplies rich material for medical and  nursing research• Serves as a legal protection for the  hospital,...
CONTINUATION..• Nurses are expected to record fully,  accurately, legibly and promptly their  observations from admission ...
CHARTING DONE BY STUDENTNURSES       • When a nurse or clinical instructor counter         signs the charting of the nursi...
Liabilities of nurses for the work of nursingaides          • Nurses should not delegate their            functions to nur...
• Nursing aids are responsible for  their actions.• Nurses should not delegate their  functions to nursing aides.• Nursing...
LIABILITY FOR THE WORK OFNURSING STUDENTS       • RA 9173 – nursing students do not         perform professional nursing d...
• They should be given assignments that  are their level of training experience and  competency.• They should be advised t...
CRIMES
Crime defined• It is an act committed or omitted  in violation of the law. It is  composed of two elements: (1)  criminal ...
Conspiracy to commit a crime• A conspiracy to commit a crime  exists when two or more  persons agree to commit a  felony a...
Criminal Liability•    nurse may incur criminal liability or subject    herself to criminal prosecution either by    commi...
• Ignorance of the law is not an  excuse for failure to comply  therewith.• Violators of the criminal law cannot  escape p...
Circumstances affecting criminal liability          • Justifying circumstances          • Exempting circumstances         ...
- causes an injury which is merely an accidentwithout fault or intention or causing it    -acts under the compulsion of an...
• Mitigating circumstances      Are those which do not       constitute justification or       excuse of the offense in   ...
• Aggravating circumstances   • Are those attending the commission of     crime and which increase the criminal     liabil...
• Alternative circumstances  -are those which must be taken into consideration as  aggravating or mitigating according to ...
Points in order to avoid criminal liability:          1. Be very familiar with the Philippine nursing             law.    ...
5. Accept only such responsibility that is within the   scope of your employment and your job description.6. Do not delega...
9. Consult your superior for problems that maybe too   big for you to handle.10. Verify orders that are not clear to you o...
Examples liabilities of Nursing:•   Liability for injury to patient•   Liability for sponge left in the patient’s abdomen•...
• Liability for negligence of surgical nurse• Liability for rapture of surgical wound.• Liability for burns for suffered b...
Conspiracy• an agreement between two or more  persons to break the law at some time in  the future.
Principals• Are those who take a direct part in the  execution of the act; who directly force or  induce others to commit;...
Accomplices• Are those persons who, not being  principals, cooperate in the execution in  the offense by previous or simul...
Accessories• Are those who, having knowledge of the  commission of the crime, either as  principals or accomplices, take p...
Criminal Actions• Deal with acts or offenses  against public welfare.
Misdemeanor• Is a general name for a  criminal offense which does  not in law amount to felony.
Felony• Is a public offense for which  a convicted person is liable  to be sentenced to death or  to be imprisoned in a  p...
Criminal negligence• Reckless imprudence – when a person  does an act or fails to do it voluntarily but  without malice, f...
Criminal intent• Is the state of mind of a  person at the time the  criminal act is committed.• Two elements of deliberate...
Lawsuits   • Actions brought to the court or             tribunal.           • Any action, complaint, charge, case        ...
Lawsuits (cont)• Three (3) basic lawsuits are civil, criminal  and administrative.• The parties in a lawsuit:  a. Civil ac...
Liability• An obligation or duty which is owed by one  person to another to refrain from some  course or conduct injurious...
Liability (cont)• Simply the legal responsibility for acts or failure to act  according to standards, protocols or policie...
Legal Doctrine• A framework, set of rules, procedural  steps, or test, often established through  precedent in the common ...
Kinds of Civil Liability                 • Actual or compensatory damages                   pertain to losses that are act...
• Nominal damages are awarded for vindication or  recognition of a legal right.• Temperate or moderate damages are those d...
• Liquidated damages are those damages agreed upon by  the parties to a contract, to be paid in case of breach  thereof.• ...
Lawsuits in Nursing Practice• Felony - RPC• Offense - special law• Infraction - ordinance
Criminal Negligence, malain se and mala prohibita• Criminal Negligence – committed by  means of faulty (culpa); deceit (do...
Kinds of criminal negligence• Reckless imprudence – doing or failing to  do an act resulting to injuries or death due  to ...
• Culpa Contractual (breach of Contract) – when a nurse  is contractually obligated to perform a particular health  servic...
Nurses And Crimes•   Parricide•   Murder•   Homicide•   Infanticide•   Abortion•   Illegal Detention•   Simulation of Births
End of Life Decisions and theLaw•   Do Not Resuscitate Orders•   Advance Directives•   Contracts/ wills/ testaments•   Dur...
Our duty is to be useful, notaccording to our desires but according to our powers.
ONWARD, CHRISTIAN NURSES!!!
Legalities 2013
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  • Constitution – a set of fundamental principles or established precedents according to which a state or other organization is governed. (constitutio “regulations and orders). Fundamental LawStatutes – formal written enactment of a legislative authority that governs a state, city or county. Common LawAdministrative Law. Body of law that governs the activities of administrative agencies of government.
  • House of Representatives – October 15, 2002Senate – October 8, 2003Signed and made into a Law – October 21, 2002
  • Legalities 2013

    1. 1. LEGAL ASPECTS OFNURSINGNelia B. Perez RN, MSNPCU – Mary JohnstonCollege of NursingBSN 2013
    2. 2. 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.
    3. 3. Sources of Law• The Constitution• Statutes• Administrative Law
    4. 4. Kinds of Law
    5. 5. 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
    6. 6. 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 and misdemeanors
    7. 7. Difference in criminal offenses• FELONY • MISDEMEANOR • Penalty is a term of • Penalty is a prison more than one term of one year or year in prison less • Murder, robbery, • Simple assault, rape, possession minor theft, with intent to possession distribute
    8. 8. Kinds of Laws - Criminal• Duties to society• Cases brought by gov.• Types – • Felony • Summary • Misdemeanor
    9. 9. “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 defendant’s guilt – then it MUST vote not to convict
    10. 10. “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 plaintiff’s complaint is true. • Lower requirement for proof – Why?
    11. 11. Jurisprudence• 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).
    12. 12. Jurisprudence (cont)• Denotes or pertains to the judicial precedent or the course or established decisions of the Supreme Court.
    13. 13. Kinds of Law
    14. 14. 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
    15. 15. 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 and misdemeanors
    16. 16. Difference in criminal offenses• FELONY • MISDEMEANOR • Penalty is a term of • Penalty is a prison more than one year term of one year or in prison less • Murder, robbery, • Simple assault, rape, possession minor theft, with intent to possession distribute
    17. 17. Kinds of Laws - Criminal• Duties to society• Cases brought by gov.• Types – • Felony • Summary • Misdemeanor
    18. 18. “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 defendant’s guilt – then it MUST vote not to convict
    19. 19. “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 plaintiff’s complaint is true.• Lower requirement for proof – Why?
    20. 20. Civil Laws• Civil action • Lawsuit that can be brought by a plaintiff (person) who feels wronged or injured by another person • 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 • Automobile accident
    21. 21. Civil Laws• Regulate many everyday situations • Marriage • Divorce • Contracts • Real estate • Insurance • Negligence
    22. 22. Kinds of Laws - Civil• Regulates relations b/w individuals or groups• Brought by people for injury by another person
    23. 23. Which Is It?Truancy
    24. 24. Civil
    25. 25. Warranty Law
    26. 26. 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
    27. 27. Applicable laws andjurisprudence in nursingpractice 1. 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.
    28. 28. 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.
    29. 29. Kinds of Constitution (cont) • 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.
    30. 30. Kinds of Constitution (cont) • 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.
    31. 31. 2. Criminal 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.
    32. 32. Prosecution of a criminal offenseresulting to injuries… • Nature • Color • Location • Number, and • Size, shape • Other and incursion appearances
    33. 33. Re: Death of a patient..• Natural• Suicide• Homicide / murder / parricide• Accident• undetermined
    34. 34. Useful pieces of evidencesfor the criminal offenses• Body• Objects on or with the body• Injuries sustained• Tissues and body fluids• Other medical evidence or findings
    35. 35. R.A. 3815 – otherwise known asRevised Penal Code (RPC) which was approved on December 8,1930 which defines crimes, treats of their nature and provides for their punishment.
    36. 36. 3. 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.
    37. 37. R.A. 386, popularly known as the New CivilCode (NCC) or the Civil Code of thePhilippines took effect on August 30, 1950and covers the following aspects of humanlife; persons and family relations, propertyrights and ownership, the modes ofacquiring ownership, obligations andcontracts and special contracts.One important amendment to this code isEO 209, the Family Code, amending itsprovisions on marriage and family relations.
    38. 38. 4. 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.
    39. 39. Labor Law (CONT) • 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. • 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.
    40. 40. Labor Code• 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.
    41. 41. 5. 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.
    42. 42. Administrative Law (cont)• 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.
    43. 43. Administrative Law (cont)• Professional Regulation Commission (PRC)• Three main functions • Executive • Quasi-judicial • Quasi-legislative
    44. 44. Functions of the PRC• To investigate and decide cases against erring examinees and professionals;• To formulate and promulgate policies and guidelines on administrative investigation and professional regulations.• To implement the laws, regulatory policies and standards; and• To maintain and promote professional and occupational standards and ethics.
    45. 45. 6. 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.
    46. 46. Civil Service Law (cont) • 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. • 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.
    47. 47. Civil Service Commission • P.D. No. 110 dated January 26, 1973, created the Civil Service Commission (CSC), replacing the CSC established under R.A. no 2260. • 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.
    48. 48. 7. 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.
    49. 49. TORT
    50. 50. Definition• 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.
    51. 51. • 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.
    52. 52. • A tort is similar to crime but crimes involve breach of duties toward the society in general.• The aggrieved party who has been injured due to a tort may bring a lawsuit.
    53. 53. • 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.
    54. 54. • Tort law defines what a legal injury is and therefore, a person may be held for an injury that was caused.
    55. 55. • Legal injuries are not limited to physical injuries. They may also include emotional, economic, or reputational injuries as well as violations of privacy, liability.
    56. 56. • For defective consumer products, copyright infringement and environmental pollution among many others.
    57. 57. • In the law world, the most prominent tort liability is negligence.
    58. 58. • If the injured party can prove that the person believed to have caused the injury acted negligently.• That is without taking a reasonable care to avoid injuring others- tort law will allow compensation.
    59. 59. Torts are categorized into negligence torts,intentional torts and standard torts. • 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.
    60. 60. • 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.
    61. 61. • The tort of illegally arresting or detaining someone and defamation, broadcasting false information damaging the plaintiff’s reputation.
    62. 62. • Statutory torts: Statutory torts are like any other, expect for the fact that these have been enacted by the legislature and not by courts.
    63. 63. • Examples include consumer protection laws, labor laws governing safety and health of workers, etc.
    64. 64. • The burden to prove a tort vests with the plaintiff. It is his duty to prove the defendant’s negligent tort or intentional tort.
    65. 65. • The plaintiff owns a duty of care. A duty of care is a relationship which exists between a plaintiff and the defendant.
    66. 66. • There must be a breach of that duty and the plaintiff suffered damages as a result of that breach.
    67. 67. • 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.
    68. 68. • Nuisance: Legally, the term nuisance is used in three ways, to describe an activity or condition that is harmful or annoying to others.
    69. 69. • 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.• Defamation: Defamation is tarnishing the reputation of someone. They are of two types. One is slander and the other is libel.• Slander is spoken defamation and libel is printed or broadcast defamation.
    70. 70. • Assault and Battery.Examples • Assault is the imminent threat of a harmful or offensive bodily contact. • Battery is an intentional, unconsented touching of another person.
    71. 71. • False Imprisonment or Illegal Detention. • 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.
    72. 72. • Defamation. • Slander is oral defamation of a person by speaking unprivileged or false words by which his reputation is damaged.
    73. 73. • 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
    74. 74. LAWS RELEVANT TONURSING PRACTICE
    75. 75. 1. PD 48 – four (4) children with paid maternity leave privilege2. PD 69 – four (4) children for personal tax exemption3. PD 79 – Revised the Population Act; Defines the objectives, duties and functions of POPCOM4. PD 223 – Creation of Professional Regulation Commission (PRC) in 1973
    76. 76. 5. PD 442 – New Labor code6. PD 491 – Nutrition program7. PD 541 – Former Filipino professionalsallowed to practice their respectiveprofessions in the Philippines8. PD 568 – Role of Public healthmidwives expanded under the RHCDS;Restructuring of the Philippine HealthCare Delivery System; Deployment ofmidwives to improve rural situation (1PHMid = 5,000 pop.; 1 PHNurse = 10,000pop;1 RHPhysician = 20,000 pop)
    77. 77. • 9. PD 603 – Child and Youth Welfare Code• 10. PD 628 – Employee Compensation & State Insurance Fund• 11. PD 651 – Birth registration following delivery (all health workers shall identify and encourage the registration of all births within 30 days following delivery)• 12. PD 825 – Anti- improper garbage disposal (provides penalty for improper disposal of garbage)
    78. 78. • 13. PD 851 – 13th month pay• 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.• 15. PD 965 – Family Planning and responsible parenthood instructions prior to issuance of marriage license• 16. PD 996 September 16, 1976 – Compulsory immunization for all children below eight (8) years old against six (6)immunizable diseases
    79. 79. 17. PD 1063 – Muslim Holidays18. 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
    80. 80. 19. Dept. Circular Order No. 75 – Reinstitution of Tetanus Toxoid among Pregnant Women20. Min. Circ. No. 2 s. 1986 – Includes AIDS as a notifiable disease
    81. 81. D. EXECUTIVE ORDERS• EO 51 – Milk Code• 2. EO 85 – Integration of Public Health and Hospital Services• 21. EO 119 – Reorganization of Department of Health• 22. EO 180 – Guidelines on the right to organize of government employees
    82. 82. • 5. EO 203 – List of regular holidays & special days• 6. EO 209 – Family Code of the Philippines (amended by RA 6609)• 7. EO 226 - Command Responsibility• 8. EO 503 – Provides for the Rule and Regulation Implementing the Transfer of Personnel Assets, Liabilities and Records of National Government
    83. 83. E. HOUSE BILLS • 1. HB # 16 – Two-Child Policy • 2. HB # 3773 – Responsible Parenthood and Population Movement Act
    84. 84. F. PRESIDENTIAL PROCLAMATIONS /PRONOUNCEMENTS 1. Proc. # 4 – Philippine Measles Elimination Campaign – Declaring the period of September 16 – October 14, 1998 as the“Ligtas Tigdas Month” 2. Proc. # 6 April 3, 1986 – United Nations - Universal Goal on Child Immunization by 1990 3. Proc. # 46 September 16, 1992 – Reaffirming the commitment of the Philippines to the Universal Child and Mother Immunization Goal of the World Health Assembly
    85. 85. 4. Proc. # 118 – Professional regulation Week – June 16-225. Proc. # 539 - Nurse week – every last week of October6. Proc. # 1275 - Midwifery week – every third week of October7. 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
    86. 86. 8. Proc. # 773 March 28, 1996 –Every 3rd Wednesday of April andMay as the “Knock-out Polio Day”9. Proc. # 1064 August 27, 1997 –Enjoining all sectors of society toparticipate in the Acute FlaccidParalysis (AFP)surveillancecomponent of polio eradicationcampaign10. Proc. # 1066 – Declaring aNational Neonatal TetanusElimination Campaign starting 1997
    87. 87. LETTERS OF INSTRUCTIONS • 1. LOI # 149 October 19, 1979 - Adoption of Primary Health Care; Legal basis of primary health care • 2. LOI #1000 – Members of accredited professional organizations given preference in hiring or attendance to seminars • 3. ILO convention #149- Improvement of life and work conditions of nursing personnel (ILO Recommendation # 157)
    88. 88. H. REPUBLIC ACTS 1. RA 491 - Nutrition Law (July month) 2. RA 611 – MediCare – an employee becomes automatically a member; “Public office is a public trust” 3. RA. 1054 – Free emergency medical & dental attendance to employees/laborers of any commercial; industrial or agricultural establishments
    89. 89. • 4. RA. 1080 – Civil Service eligibility for all degrees with licensure examinations• 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.• 6. RA. 1136 – Tuberculosis Law (August Month)
    90. 90. • 7. RA. 1612 – Privilege Tax / Professional Tax• 8. RA. 1891 – Strengthening Health and Dental services in the rural areas and providing funds thereto; amended RA 1082• 9. RA. 2382 – Philippine Medical Act• 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)
    91. 91. • 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).
    92. 92. • 12. RA. 4226 – Hospital licensure• 13. RA. 5181 – Permanent residence & reciprocity qualifications for examinations/ registration• 14. RA. 5901 – Working hours & compensation in agencies with 100 bed capacity• 15. RA. 6365 – Established a National Policy on Population and Created the Commission of Population
    93. 93. 16. RA. 6425 – Dangerous DrugAct – the sale, administration,delivery, distribution andtransportation of prohibited drugsis punished by law.17. RA. 6675 – Generics Act of1988 – this promotes, requiresand ensures the production of anadequate supply, distribution, usean acceptance of drugs andmedicines identified by theirgeneric names.
    94. 94. • 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.
    95. 95. • 19. RA. 6715 – Senior Citizen Center for every Barangay• 20. RA. 6725 – Prohibition on discrimination vs. women• 21. RA. 6727 – Wage Rationalization• 22. RA. 6758 – Salary Standardization of Government employees that includes nurses• 23. RA. 6972 – Day Care Center in every BarangaY
    96. 96. • 24. RA. 7160 – Local Government/Autonomy Code (the devolution of powers, functions and responsibility to the local government units)• 25. RA. 7170 – Legacy of donation of all or part of a human body after death• 26. RA. 7192 – Women in development & Nation Building
    97. 97. • 27. RA. 7277 – Magna Carta for Disabled persons• 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.
    98. 98. • 29. RA. 7432 – Senior Citizen Benefits & Privileges• 30. RA. 7600 – Rooming –In and Breast feeding Act of 1992• 31. RA. 7610 – Anti-Child Abuse Law (Special Protection of Children against Child abuse, Exploitation & Discrimination)• 32. RA. 7641 – New Retirement Law of employees in the Private Sector• 33. RA. 7719 – National Blood Service Act of 1994
    99. 99. • 34. RA. 7846 – Requires compulsory immunization against Hepatitis B among infants and below 8 years old• 35. RA. 7875 – National Health Insurance Act of 1995• 36. RA. 7876 – Senior Citizen Center for Every Barangay• 37. RA. 7877 – Anti- sexual harassment Act of 199538. RA. 7883 – Barangay Health workers Benefits & Incentives Act of 1992
    100. 100. 39. RA. 8042 – Migrant workers & Overseas Filipinos Act of 199240. RA. 8172 – Asin Law / Iodize Salt Law41. RA. 8187 – Maternity Leave Act of 199542. RA. 8282 – Social Security Law of 1997 (amended RA 1101)
    101. 101. 43. RA. 8291 – Government Service Insurance System Act of 1997 (amended PD 1146)44. RA. 8344 – Hospitals/ doctors to treat emergency cases referred for treatment45. RA. 8353 – Anti-Rape Law46. RA. 8423 – Traditional and Alternative Medicine Act of 1997 (“Gamot na Mabisa sa Abot Kayang Halaga”)
    102. 102. 47. RA. 8424 – Personal TaxExemptions48. RA. 8479 – Clean Air Act49. RA. 8504 – Philippine AIDSPrevention and Control Act of 199850. RA. 8972 – NationwideIodination Law51. RA. 8976 – Food FortificationAct
    103. 103. 52. RA. 8981 – PRCModernization Act of 200053. RA. 9173 – The Nursing Actof 200254. RA. 9211 – No Smoking Act55. RA. 9257 – Expanded SeniorCitizen Act of 200356. RA. 9262 - Domestic ViolenceAct
    104. 104. BOARD OF NURSINGRESOLUTIONS• 1. BON # 557 Series 1988 – Code of Ethics• 2. BON # 100 Series 1993 – Implementing Rules & Regulations of RA 7392• 3. BON # 633 Series 1964 – ICN Code of ethics• 4. BON # 1955 Series 1989 – PNA Code of Ethics• 5. BON # 08 Series 1994 – Special Training on intravenous injections for the R.N.
    105. 105. • 6. BON # 20 Series 1994 – Implementing Rules & Regulations of RA 7164• 7. BON # 110 Series 1994 – Guide to Evaluate Compliance with Standards for Safe Nursing Practice
    106. 106. J. SALIENT ASPECTS IN THE 1987CONSITUTION OF THE PHILIPPINES 1. Article II – Declaration of Principles & State Policies Sector 11 – Human Dignity and right 12 – Sanctity of family, equal protection of the life of the mother and the unborn from conception 13 – Role of the youth in nation building 15 – Right to health 16 – Right to a balanced & healthy ecology
    107. 107. 2. Article III – Bill of RightsSection 1 – Equal protection of laws & thedue Process of Law 3 – Privacy of Communication andCorrespondence 8 – Formation of unions, associationsor societies 12 – To remain silent 6 have counsel when underinvestigation 14 – The accused person is presumedinnocent until the contrary is proved
    108. 108. 3. Article IV – Citizenship • Sector 3 – Philippine citizenship may be lost or re-acquired in the manner provide by law.
    109. 109. 4. Article XIII – Social Justice &Human Rights Sector 3 – Right of all workers to self- organization, collective bargaining and negotiations and peaceful concerted activities. 11 – Priority for the needs of the under- privileged, sick, elderly, disabled, woman and children. 13 – Special agency for disabled persons 14 – Protection of working women
    110. 110. 5. Article XV – TheFamily • Sector 1 – Filipino family as the foundation of the nation • 2 – Marriage, as an inviolable social institution, is the foundation of the family • 4 – The family has the duty to care for its elderly members
    111. 111. LEGAL PROTECTIONS IN NURSING
    112. 112. • Labor Law• Magna Carta (R.A. 7305)• Nursing Education• Drug Education Law• The Good Samaritan Law
    113. 113. LEGAL BASES OF NURSING EDUCATORS, NURSING REGULATIONAND NURSING PRACTICE
    114. 114. R.A. 9173• AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN AS "THE PHILIPPINE NURSING ACT OF 1991" AND FOR OTHER PURPOSES
    115. 115. R.A. No. 9173 – Nursing Law • Aims to provide a sound general and professional foundation for the practice of nursing through quality nursing education. • 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.
    116. 116. R.A. No, 9173 – Nursing Law (cont) • 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. • Uplift standard of nursing education for this country to produce quality nursing graduates and ultimately globally competitive Filipino Nurses. • Not to discriminate against student where spirits are willing but in intellectual, they are wanting. • 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.
    117. 117. • 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.• They are complimenting each other.• The success of nursing practice rest upon a sound educational foundation of the nurse.• The goal of nursing education is to prepare the nursing student for nursing practice.
    118. 118. • Goal of nursing practice is to provide quality nursing service and improve nursing care.• This is when nursing regulation comes into play.• Everyone has a right to nursing education as a constitutionally guaranteed right.
    119. 119. Art. XIV, Sec. 1 of the 1987Constitution • 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.
    120. 120. NURSING EDUCATION
    121. 121. NURSING EDUCATION • R.A. 7164 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. • R.A. 9173 > deletion of said admission requirement > one high school performance is not an accurate basis for college admission and students’ mental competence and psychological preparedness for college education. > 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.
    122. 122. NURSING EDUCATION (Cont) • R.A. 7722 – CHED Provide standard or minimum requirement for the operation and regulation of educational institution offering tertiary courses such as BSN.
    123. 123. •Duly authorized government agency thatapproves the opening and regulates theoperation of nursing schools all over thecountry.•Created through R.A. 7722, May 18, 1994 CHED Memo Circular No. 30, s. 2001 • Updated policies and standards for nursing education. • New policy directing the CHED to regulate the establishment and operation of review center.
    124. 124. CHED Policy on Nursing schools andcolleges • Nurses are needed in every part of the world, with the tremendous global demand, nursing schools and colleges are sprouting everywhere like mushrooms. • Authority to open and close nursing schools / colleges
    125. 125. CMO No. 30 • The authorization to open a nursing school shall be based upon: 1. written recommendation of BON, PRC and NSA (National Student Affiliation), DOH 2. approval of CHED • The power of BON as to authorization of opening or closing nursing schools is recommendatory pursuant to COM No. 30 and RA 9173.
    126. 126. B. ADMINISTRATION AND FACULTY • Fulltime Dean and Faculty Qualification of Dean • Perform vital role and function in nursing school, required to work fulltime because she is in charge to administer and manage the nursing school, faculty and staff, the nursing student and degree program. • 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)
    127. 127. Qualification and Rank of Faculty Members • A Filipino Citizen • Currently RN in the Philippines • Holder of Master’s degree • At least 3 years of Clinical experience • Member of good standing accredited national nursing organization.
    128. 128. NURSING REGULATION
    129. 129. NURSING REGULATION • Professional Regulatory Board of Nursing * created under new nursing law (RA 9173) * Primary agency responsible for the regulation of the admission, registration and practice of nursing profession in the Philippines. * Composition of BON * one Chairperson * Six Members * Appointed by the President of the Philippines
    130. 130. Qualification of Chairpersonand Members of BON • Representative of 3 areas of nursing (education, service and community health nursing) • Natural born citizen and resident of the Philippines. • Member of good standing accredited professional organization of nurses. • Registered nurses and holder of Master’s Degree • 10 years of continuous practice of the profession prior to appointment • No conviction of any offense involving sound turpitude.
    131. 131. Powers, Duties andResponsibilities of the BON • Conduct licensure examination for nurses (R.A. 8981) • Prepare adopt and issue the syllabi or tables of specification of the subject for examination in consultation with the academe. • 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.
    132. 132. Conduct licensure examinationfor nurses (R.A. 8981)-Cont• To score and rate the examination papers with the name and signature of the board members concerned appearing thereon and sublit the result in all subjects duly signed by the members of the board to the commission within 10 days from the last day of examination unless extended by the commission for justifiable cause and subject to the approval of the commission.• Determine the appropriate passing general average rating in an examination if not provided for in the law regulatory thru profession.
    133. 133. STANDARDS OFNURSINGPRACTICE
    134. 134. Negligence
    135. 135. Definition• 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.
    136. 136. Civil Code, Article 19• One shall act with justice, give every man his due, observe honesty and good faith.
    137. 137. Civil Code, Article 20• Those who, in the performance of their obligations through negligence cause any injury to another, are liable for damages.
    138. 138. Common Acts of Negligence• Burns• Objects left inside the patient’s body• Falls of elderly• Falls of children• Failure to observe and take appropriate action as needed
    139. 139. Specific Examples • 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
    140. 140. Conditions for Res ipsa loquitor • That the injury was of such nature that it would normally occur unless there was a negligent act on the part of someone • That the injury was caused by an agency within control of the defendant • That the plaintiff himself did not engage in any manner that would tend to bring about the injury
    141. 141. Malpractice
    142. 142. • Implies the idea of improper orDefinition unskillful care of a patient by a nurse • Denotes stepping beyond one’s authority with serious consequences • Is a term for negligence or carelessness of professional personnel • Refers to a negligent act committed in the course of professional performance (1962)
    143. 143. MEDICAL ORDERS,DRUGS, andmedications.
    144. 144. • Only validly registeredRA 6675 medical, dental and veterinary practitioners, whether in private institution, corporation or in the government, are authorized to prescribed drugs.
    145. 145. RA 5921 (PHARMACY ACT)• All prescriptions must contain the following information: • Name of the prescriber • Office address • professional registration number • Professional tax receipt number • Patient’s/client’s name, age , sex • Date of prescription.
    146. 146. RA 6675• Requires that the drug be written in their generic names. • Only when these orders are legal writing and bear the doctor’s signature thus the nurse have the legal right to follow them • The nurse must not execute an order if she is reasonably certain it will result in harm to the patient.
    147. 147. INTRAVENOUS THERAPY AND LEGALIMPLICATIONS • Philippine nursing act of 1991 section 28 • “ in the administration of intravenous injections, special training shall be required according to protocol established”. • Basis of nurses legal right to give IV injection. 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.
    148. 148. TELEPHONE ORDERS• Only in an extreme emergency and when no other resident or intern is available should a nurse receive telephone orders.• The nurse should read back such order to the physician to make certain the order has been correctly written.• Such order should be sign by the physician on his next visit within 24 hours.
    149. 149. MEDICAL RECORDS• 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”.
    150. 150. CONTINUATION..• Nurses are expected to record fully, accurately, legibly and promptly their observations from admission to the time of the patient’s discharge.• Nurses are legally and ethically bound to protect the patient’s chart from unauthorized person.
    151. 151. CHARTING DONE BY STUDENTNURSES • 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.
    152. 152. Liabilities of nurses for the work of nursingaides • Nurses should not delegate their functions to nursing aides since the Philippine nursing act specifies the scope of nursing practice of professional nurses. • 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.
    153. 153. • Nursing aids are responsible for their actions.• Nurses should not delegate their functions to nursing aides.• Nursing aides perform selected nursing activities under the direct supervision of nurses.
    154. 154. LIABILITY FOR THE WORK OFNURSING STUDENTS • RA 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, the following measures should be taken: • Nursing students should always be under supervision of their clinical instructors.
    155. 155. • They should be given assignments that are their level of training experience and competency.• 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.
    156. 156. CRIMES
    157. 157. Crime defined• 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
    158. 158. Conspiracy to commit a crime• A conspiracy to commit a crime exists when two or more persons agree to commit a felony and decide to do it.
    159. 159. Criminal Liability• 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.
    160. 160. • Ignorance of the law is not an excuse for failure to comply therewith.• Violators of the criminal law cannot escape punishment on the ground of ignorance of the law
    161. 161. Circumstances affecting criminal liability • Justifying circumstances • Exempting circumstances - an imbecile or insane person, unless the latter has acted during a lucid interval. -below 9 years old -over 9 years of age and under fifteen unless he/she acted with discernment
    162. 162. - causes an injury which is merely an accidentwithout fault or intention or causing it -acts under the compulsion of an irresistible force -acts under the impulse of an uncontrollable fearof an equal or greater injury
    163. 163. • 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 degree of moral culpability.
    164. 164. • Aggravating circumstances • Are those attending the commission of crime and which increase the criminal liability of the offender or make his guilt or more severe. • Some of the ff circumstances: • When the offender takes advantages of his public position. • When the crime is commited in place of worship • When the act is committed with evident premeditation or after an unlawful entry.
    165. 165. • Alternative circumstances -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.Should be taken consideration when the offended party is the spouse, ascendant or descendant, legitimate, natural or adopted or relatives.
    166. 166. Points in order to avoid criminal liability: 1. Be very familiar with the Philippine nursing law. 2. Beware of laws that affecting nursing practice 3. At the start of employment, get a copy of your job description, the agency’s rules, regulations and policies. 4. Upgrade you skills and competence
    167. 167. 5. Accept only such responsibility that is within the scope of your employment and your job description.6. Do not delegate your responsibilities to others.7. Determine whether your subordinates are competent in the work you are assigning them.8. Develop good interpersonal relationships with your co-workers, whether they be your supervisors, peers or subordinates.
    168. 168. 9. Consult your superior for problems that maybe too big for you to handle.10. Verify orders that are not clear to you or those that seem to be erroneous.11. The doctors should be informed about the patients conditions12. Keep in mind the values and necessity of keeping accurate and adequate records13. Patients are entitled to an informed consent.
    169. 169. Examples liabilities of Nursing:• Liability for injury to patient• Liability for sponge left in the patient’s abdomen• Liability for a safety pin left in patient’s abdomen• Liability for defective equipment• Liability for death for patient who jump from window of his room
    170. 170. • Liability for negligence of surgical nurse• Liability for rapture of surgical wound.• Liability for burns for suffered by patient• Liability for burns from hot water bags• Liability for negligence of nurse employees• Liability fro death of infant resulting from injection of digitalis• Liability of nurse performing administrative work
    171. 171. Conspiracy• an agreement between two or more persons to break the law at some time in the future.
    172. 172. Principals• 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.
    173. 173. Accomplices• Are those persons who, not being principals, cooperate in the execution in the offense by previous or simultaneous act.
    174. 174. Accessories• 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.
    175. 175. Criminal Actions• Deal with acts or offenses against public welfare.
    176. 176. Misdemeanor• Is a general name for a criminal offense which does not in law amount to felony.
    177. 177. Felony• 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.• Is committed with deceit and fault.
    178. 178. Criminal negligence• Reckless imprudence – when a person does an act or fails to do it voluntarily but without malice, from which material damage results immediately.• 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.
    179. 179. Criminal intent• Is the state of mind of a person at the time the criminal act is committed.• Two elements of deliberate intent: freedom and intelligence
    180. 180. Lawsuits • Actions brought to the court or tribunal. • 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. • 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.
    181. 181. Lawsuits (cont)• Three (3) basic lawsuits are civil, criminal and administrative.• The parties in a lawsuit: a. Civil actions, the plaintiff against the defendant. b. Criminal Actions , the people against the accused. c. Administrative cases, the complainant against respondent.
    182. 182. Liability• 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.
    183. 183. Liability (cont)• 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.• 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.
    184. 184. Legal Doctrine• 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.• Generally accepted principle of law which is being used or applied in the resolution of cases, be it administrative, civil or criminal.
    185. 185. Kinds of Civil Liability • 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. • 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.
    186. 186. • Nominal damages are awarded for vindication or recognition of a legal right.• 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.
    187. 187. • Liquidated damages are those damages agreed upon by the parties to a contract, to be paid in case of breach thereof.• 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.
    188. 188. Lawsuits in Nursing Practice• Felony - RPC• Offense - special law• Infraction - ordinance
    189. 189. Criminal Negligence, malain se and mala prohibita• Criminal Negligence – committed by means of faulty (culpa); deceit (dolo) (mala in se) and those which are punished by special law (mala prohibita).
    190. 190. Kinds of criminal negligence• Reckless imprudence – doing or failing to do an act resulting to injuries or death due to an inexcusable lack of precaution.• 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.
    191. 191. • Culpa Contractual (breach of Contract) – when a nurse is contractually obligated to perform a particular health service or intervention to a patient and he/she causes death or injuries to the latter.• Culpa aquiliana a tortous liability which arises from the breach of a professional duty to any person fixed by the laws and such breach constitutes violation of a private legal right, not created by any contract.
    192. 192. Nurses And Crimes• Parricide• Murder• Homicide• Infanticide• Abortion• Illegal Detention• Simulation of Births
    193. 193. End of Life Decisions and theLaw• Do Not Resuscitate Orders• Advance Directives• Contracts/ wills/ testaments• Durable Power of Attorney• Incident Report
    194. 194. Our duty is to be useful, notaccording to our desires but according to our powers.
    195. 195. ONWARD, CHRISTIAN NURSES!!!

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