FAR EASTERN UNIVERSITY

1JA..s;tJtkl.e O(I'IUYS.[v\.-g

...

SY 2009 - 2010

NURSING ETHICS & JURISPRUDENCE

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NF coiilrares, nSN, IlN, MAN candkiate

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NURSING ETHICS

Main Concept:

• <Nursing tbics j<; concerned with the'grincipies and rigl'lt eonduet as they applv to ~he nursinl5 profession. It reinforces the nurses' ideals and motives in order to maximize the affecti~ity of their service.

• ursirrgJurisp.rcrdence is that department of law which comprises all the~e-ga' rutes-anc principle s

affecting the practice of nursing. 'It also includes the interpretation of ail these rules and' principles and their application to the regulation' of the practice of nursing,

Course Objectives:

At the end of 16 hours, the students should:

1, Be sensitive to ethical considerations and face ethical issues and responsibility in health care, community work, and public issues.

Specifically, the student will be able to:

a. Explain bioethicai concepts and principles and integrate them in clinical practice,

b. Apply the steps In ethical decision-making when given an ethical issue c .. Analyze common bloethical issues affecting nursing practice

2. Be able to integrate a basic understanding of nursing law, develop skills in the application of legal, ethicu-moral principles in nursing practice' and recognize' the importance of these principles in the nursing profession,

DEFINITION OF TERMS

1. SSliIn - an occupation or calling requtnng advanc~ training and experience in some

'specific or specialized body of knowledge which provides service. to society in that specific field.

2. an occupation of calling,

3. - refers to a standard to ~- ..... r=""''''''~~:.;I-~~mtto:mIa:tJ~

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5. raje-SSilibal Etfjjes -- a l:9Ianch of moral science concerned with the oblig-atioFl5 that a member

of the profession owes to the public.

6. <Health€ul'f! lithios·- the .division of ethics that relates to bUI ~ Ilealth.

7. iYll-EthiJ;s - a specific domain of ethics that focuses on mara,1 i~stles1n-the field15fJJiecr!t!;FI:are.

8. ALursiny fihirs - related to all the .Rrin'CtpteS\ohight conduct a~ they apply to the profession.

9. ur~Jng~rokssion .- the performance for a fee, salary or other reward or compensation or .

professional nursing service to individuals, families and communities in various stages of .. ,

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development. The promotion of health, prevention of diseases, restoration of health and'

alleviation of suffering thru:

• Utilization of N'Jrsing Process

• Establishment of connection with eommunltv resources

• Motivation of individuals, families and communities

• Participation in teaching guidelines and supervision

• Undertaking nursing and health manpower development· .

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ETHICAL ;APPROACHES

A. feleoJogical Approach or Act:oj' titilituritmism

• Teleology comes from ~he-re-ek word' etas" or "goerl or end."

• This i's expressed as "the right thing to do is the gooa thing to do."

• The teleological approach is also termed as act utilitarianism. wher~ the good resides in the promotion of haPpiness or the greate-st net increqse of;[1teasure over pain.

tiuidelines for m.,klng ethtcal decisfons:

1. Consideration for;;R@pte a'S human beiogs;

2. Consideration o,f~o se~ueoces;

3. roporti01:la'tergo-..Qd to 'come from choices;

4. R oprietV of :actua:l needs over ideal or potential needs;

5. A d~e'Sirert:crenllarge choices and reduce chance; and .

6. A e~ataieous aceeptance:-ofthe cronse-quenee of the decision.

B. 8eQlltoioglcal Approach or DIltfl.:Orien-ted r-heo~y

• The basic rightness or wrcinf.ness of an act depends on tha intrinsic natures rather than' upon

the situation or its consequences. . .

i. The word deontology came from the Greek word "d:grm" which mean auty.

C. tlirtue Ethics Approach

• VII tue Ethics, known as taw e.ttlics {from the ®:e.elcword n

the heart of the person performing. the act. • ', '

• It focused on the 'I. 'r:r~on. such as courage, temperance, wisdom

and justice.

• tnteJlmnal-V1 eis the power to deliberate about things good for oneself.

• Mo~s must be lived over time in order to be learned.

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D. Q.ivine f;ommand Ethics

• Is based on the theory that ttl~re is a Supreme or Divine being that sets down the, rules to provide guidance to moral decisions.

tJNIVfR~A:t: PRtNClPLES OF BIOMED.ICAL ETHICS

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A. utOflomy

.• Comes from the Greek word' rutos" meaning. elf and" omos" meaning overnance.

• It involves self-determination and freedom to choose ancl implement one's decision, free from deceit, duress, constraint or coercion,

B. \teracity

• To maximize the efficiency of health care, the patient and the health care providers are bound to tell the roth.

• The patient has the responsibility to provide, to the best' -of his knowledge, accurate and complete information about his complaints, past illness, previous hospitalizations, medications taken, allergies, religious restrictions, and other matters relevant to his health.

e. 6eneficence / ~ace Educatian

• The principle of beneficence promotes doing acts of kindness and mercy that directly benefit the patient.

.. These acts promote the health of the patient, prevent illness or complications, alleviate suffering and assist towards peaceful death if the inevitabl~ comes.

D. Nonmaleficence

• Is stated as an admonition in the negative form to remin~ health practitioners to do no harm.

E. J:qstice

• Refers to the right to deman,d to be treated justly, fairly and equally.

cceptee.

1. Importance: '

It strongly e~ph~sizes the four-fold responsibilit~ of nurse; the universality of the nursing practice, the scope of their responsibinties to ~h~ people they serve, to their co-workers, to society and environment, and to their profession.

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2. Brief History: d. Q-gS2

• The Philippine Nurses Association Special Committee, under the chairmanship of Dean Emeritas :l<u.lita V. Sotejo, developed a <:!6BeoLE:tf:ric.s for Filipino nurses,

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b. ~19S4

" The Board of Nursing, Professional Regulation Cornmission g.9oRted the Coae of E1h~q of the International Council for Nurses through Board Resolution. No. '633 adding "promotion of:s-piritual envir\,nment" as the fifth-fold responsibility of the purse.

• This was enforced up to 1989,

c. <198:9

• The'Cotie o;f EthicS promulgated by the Pi1ilipP'ine Nurses Association was approved by the Professlonat Regulation Commission and through Board Re'solution No. 1§55 was recommended for use,

• This was approved by the general assembly of the Philippine Nurses Association during the-Nurses Week convention orrOctober 25,1990,

,3. Amended Code oj.Ethics for Nurses . " .

a, Pursuant to Section 3 of Republic Act No. 877, known as the I?hilippinE; "NUI'siAg Law, and Section 6 of PI) No, 233, the amended Code of Ethics for Nurses recommended and endorsed by the Philippine Nurses Association was adopted to govern the practice 'of nursing in the Philippines.

b. The Code was adopted under Republic Act 9173 and promulgated by the Board of Nursing under Resolution No. 220 Series of 2004 last July 14, 2004,

, RESPONSIBILITIES OF THE NURSE TO THE PATIENTS

1. Give him/her the kinIi of care uisjl;rer cortairion needs regardless of his/her'race, creed, color, nationality or status: ,

2. The.patjent's cdre'sl:lall b~ based on needs, the J5hy'sltian's orders, and thea-iiment.

3. The nurse shall involve the .p:::ltient and/or his/her. (arnilv so that he/she or any of the family can participate i!J"blsi:he-r care.

4. Krmw tt:re::pati~fi~l;:;BlIJ 61 Rights.

5.. e patient ddvocate. Treat patient in a manner that will snow concern whether the patient is

rich or poor, '

6. Nurses sb!:!tdd or au.y: agenc~w;ilho t PtOP.eJ)~e-rr\"i~iori or resignation or

without relief.

7. Nurses should to tR~j!.lfareJ rf1trase="entrust-e:d'tp"tlmirxare.

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PATIENT'S aiu OF RIGHTS

1.. The patient has the right'tO' copsiderate and respectful care.

2. The patient has the rfig.IR. to 'Obtain from his physician complete and current information concerning his drag nos lS., lr:ea:tment, ,cma· pr.@gnoSis in terms the patient can be reasonab Iy expected to understand.

3. The patient has the right to receive from his physician information necessary to give informed consent prior to the start of any procedure and/or treatment.

4. The patient has the rigl'it't refuse treatment and to be iofQrm~'t!~@f fhemedieal consequences of his action.

5. The patient has the jght to elle,y-cPflsideration of his-privacy c~ni:erning hi; own medical care program.

6. The patient has the fight to expect that all communications and records pertaining to his care should be treated as €onftd.ential:

7. The patient has the righ1: to expect within its capacity, a hospital must make reasonable response to the request of a patent for servic= s.

8. The patient has the right to' obtain information as to any relationship his hospital has to other health care and educational institutions insofar as his care is concerned

9. The patient has the right to be adviseti If the hospital proposes t engage in or perform human

experimentation affeCting his care or treatment.

10. The patient has the-right'tc expect reasonable continuttv of care.

1 L The patient has the r,ightito examine and receive an explanatien of ~is bill,

1:-:. The patient has the rigirtto know what hospital rules and regulations apply to his conduct as rl

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PATIENT'S RESPONSIBILITIES

1. Pr:ovidlng information

2. eomplying,wifh in~tractions

3. Informing thephysidaA of refusal to t-reatment

4. PaVing hospital charges

5. Fallowing hospital rules cWO regulations

6. Showing respect and constderation

NURSES' Bill OF RlqHTS 1.

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furir RCfttents,

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5. Nurses hove theright to fair corrrpensation for their work, consistent with their knowledge, experience and professional responsibilities.

6. Nurses have the right 10 ~ work environment that is safe for themselves and their patients.

7. Nurses have the ~ight to negotrale the condltjons-of their employment, either individuals or collectively, in all practice settings.

NURSES' RESPONSIBII.ITIES,IN RESEARCH ON HUMAN SUBJECTS

1. O1ploYfTol!'nt In settings where researcb is conducted.

2. Vigila nt ~rotectlon of human subje ts' rights

3. <scope of App IGation

4. 5uppertiAg aecruat of knowledge 5. nformed consent

'6. Representation ofi"tamah Rights (~mmittee.

BASIC HUMAN RIGHTS OF RESEARCH SUBJECTS

1. Right to irrrormed Consent

2. The right to refuse and/or withdraw from participation

3. Right to privacv

4. ight to confidentialitv or anonymity of data

5. Right to be protected fro;n h-arm

EXPERIMENTAL SUBJECT'S BILL OF RIGHTS

1. To be told about the nature and purpose of the strrdv.

2. To be told about the procedUres to be followed in the research study, and whether any of the drugs, devices, or procedures is different from what would be used in standard practice.

3. To receive a escription of -anv side effects, aiscomforts, or risks that you can reasonably expect to occur during the study.

4. iro be told 01 any benefits that you may reasonably expect to from the participation in the 'study, if applicable. :

5. To receive a ascription of any alternative procedures, dr:ugs, or devices that might be helpful, and their risks and benefits compared to the proposed, drugs or devices,

6. To be told of what sort of cedical treatment, if any, will be available if any complications

should arise.

7. To be given a ·tfa"'~e to::a:skcm~::questions concerning the research study both before agreeing

to participate and at a'ny time during the course of the studv. .

8. To e use to paFt cipate n researcEl ttJdy. Participatjon is voluntary. You may refuse to

answer any question or discontinue your involvement at any time without penalty or loss of benefits to which you might otherwise be entitled. Yo~r decision will not affect your right to

receive the care you woulc' receive if you were not in the experiment, . '

9. To r. c. . f::s' om! led tltlen conseRt form and a copy of this form.

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10. To be given the opportunity to freely decide whether or not to c.~nsent to the research study without any force, coercion, or undue influence.

RESPONSIBILITIES OF THi NURSE TO THE PHYSICIAN

• ~ction 28(a) ofM9173 states that:

It shall be the duty of the nurse to:

(a) Provide nursing care through utilization of the nursing process -: Nursing care jncludes, but not limited to, traditional and innovative approaches, therapeutic. and innovative approaches, therapeutic use of self, executing health care techniques and procedures, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral, topical and parental riledications, internal examination during labor in the absence of antenatal bleeding and delivery. In case of suturing or perineal laceration, special training shall be provided according to protocol established.

RESPONSIBILITIES OF NURSES TO THEIR COLLEAGUES

1. Establish gooa working relationships with co-workers.

2. Nurses shall Jtljust themselves to the organization and know its policies and procedures.

RESPONSIBILITIES QF NURSES TO THEMSELVES

1. i?evelop their: own skills.

2. Their conduct must bring credit to the profession.

3. They shall endeavor to lite a life that will uphold their: elf-respec.t ..

4. Wear unlforrn with respect and dignity (clean, neat hair style, moderate make-up, without jewelries)

5. Must, act in a I{lClnner that is worth emulating especially while they are on dutv,

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Special Concepts and Principles which Guide Client-health Professiona! Relationship 1. Right ·to-t]e.altb Care

. 2. Righr:to:;lllfOl'J'fle:d::COb~nt

3. rorm eep (Fidelity)

4. th-::reHlflg [Veracity)

5. oAfideAt~ality I

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MORAL PRINCIPLES

1. The <io[tde:tr.tlm~

2. The we-fold:£ffeot

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3. 4. 5. 6. 7. 8.

13. 14.

The Good Samaritan Law

It is based on the biblical story of a man who aided an injured person who was waylaid by thieves and was left hal(dead. A nurse, therefore, who renders first aid or treatment at the scene of an emergency and who does so within the standard of care, acting in good faith, Is relieved of the consequences of the act.

LA WS AND ORGANIZATIONS PROTECTING NURSES:

1. Internattonal labOr OrganizatiofLConvention 149

2. ItO Recommendation 1977 3. 4.

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JURISPRUDENCE

A. Definition of Terms

1. I! 1M - the sum tot-al of :rute~s and regulationS'4Jy which society is governed.

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2. . I'UQ C the GjenGe Gf-law • . : .

3. csi ':JJl' e - that department of law which cornprlses .~If the legal rules and

flfinciples affi!ct:ing die practjte of nursing, It also includes the Interpretation of aJI these rules and principles and their application to the regulation of the practice of nursing .

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4. R 'Dintiff - the party to a civJI suit who brings the suit seeking damages or other .Iegal relief; complainant. (ACCUSER)

5. Dejendt:In.t - (In criminal case] the person accused of committing a crime; (In civil suit) the party against whom suit is brought demanding that he pays. the other party legal relief,

6. UbpDJ:1l0 - a court order requiring one to appear in court to give testimony,

7. BJ1Lnmofts - a notice to a defe'ndant ordering him to SP( ak in a court at.a specified time and date to answer. a cornplatnt against him.

8. Ihiiloess -- one who is called to-give testimorw in a court of law.

g'. 'f?IDny - a crim~ of.a serious nature usually punishable for a period of longer than one year or by death.

10. rinci-pgl-a personwho takes direct part in the execution of the act.

11. itr:complire - those. people who not being principals.xooperate in execution of the offense

by previous simultaneous acts. i

12. hegal;Rlght - a rJght or claim which can be enforced by [ega] meansagainst the person of

the cornmunttv. '

13. Jur-isdiGtion - the legal right or ,authority of a court. to hear and decide on a legal case or con t roversy.

14. L"egts1ation _. the act or process: of making laws,

Aspects of the Profession with Provisions with Provisions of the law:

I. 2. (\t:rofesslonal con yet of practitioners. 3, Mair.tenance of ath fca 'I ana tecb1iical s-tanaar-as of the profession.

4. tUe:ga-1 practi:c.Ef.J f unregistered persons.

5. xereise of (Jowers and dutt=s to examine applicant and administer the law regulating the

profession.

CLASSIFQCATION OF LAWS:

A. According to SfiJur.c-e at~-utbQrity 1. Ivlne=Iaw -laws authored by od 2. "'uman Uiw-Iaws authored by

B. Groups of Human Law

1: , -- department of law which is concerned wi~h the ~ate' 'n:ltt:p:oJ1Iicat'Dr

t2W~~~' gtdt'JI. It is a law that applies generally to people of the state adopting or

treats the nature, extent and degree of ev~ry ritir:ne and adjusts to it

the adequate and necessary penalty. :

1.2 ow- the law which regulates th--.:=-=;;.;w~.:t=.~::':==J

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J .?1 P-O·l:ilfd!"!tornational Law - control the conduct 0 f independent state in their rglaliol'l to each other.

1.2.2 Private International law - eonfliot law c -C. ~ 1, -. '-',

1.3 Pf,'1liticql.tow- Threats the science of politics (Governn,1ent) Regulates the relation

between the S:l:ate and individuals that compose it. :

1.3.1 ,(?Iiff1""sfitutionallaw" law that relates the constitution, as a permanent system of politic a I and juridical government, as distinguished from statutory and common law, which relate to matters subordinate to such constitution.

1.3.2 AQmiDistr-aUlie taw - the body of rules and regulations and orders and

decisions created by administrative agencies of government. v' Nvn,"r-q 1.3.3 taw~o:f Pu611c1UJininistration

1.3.4 ,!lawofPublfcCo potation ,

l.4.Prtllote Law -law that relates the prjvate matters which do not concern the public at large (Administrative between citizen and citizen)

1.4.1 Civil law - organizing th~ f.amily and t~gulating property.

'1.4.2 Gomrrr8Ciall£lw - relates to the right's of pmgerty and the relations of persons

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engaged in commerce.

1.4.3 R-ertredfallaw- methods of enforcing rights or obtaining redress (correcting

the wrong) e."f. C /il'i'l'rt

THE EVOLUTION OJ: THE. PHILIPPINE 'NURSING' LAW

Republic Act No. 2493 dated FE!br~ary 5, 191.5 - The. first law affecting the practice of nursing in the

. Philippines. It consists of two sections:

a. Sec. 7 - states that every person desiring to practice nursing if! the Phillppines.shall apply to the Director of Health for a Certificate of registration as a nurse.

b, Sec. 8 - states'tnat it shall be unlawful for any person to practice as a' nurse in'C.;')y of its branches in the Phil. until the proper certificate of registration has been obtained.

This is also an act that provides for the examination and registration of nurses in the Philippines,

Rep,ubllc Act No. lB08 dated March 1, 1919 - an act regulating the practice of nursing profession in the Philippines otherwise known as the Nursing Law (this is first considered as the first Nursing Law).

Significance of this-la'w

• The first lroard of .exarninees for nurses was created composed of three l!Tlembers appointed by the Sgcrettrv of Itltefior (one doctor of medicine as chairman ~nd two members who are registered nurses, had experience in the nursing profession fo~ at least five years of.reputable character)

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The Board has the following powers:

1. Issue and revoke ~~jficates of r.egistration for practitioners of the nursing profession.

2. Study the ~ndit~O'n.s affecting the practice of the nursing profession in all' parts of the Philippines,

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3. Exercise the power confe.red by the law to maintain efficient, ethical and technical standards in Ilursmg profession.

4. Promulgate regulations g'overning the nurse examination and standards to be attained.

Republic'Act No: 4007 dated December 5,1931 (Reorgill'lization Law) ~ took effect the conduct of board examination and placed the direct supervision of the Bureau of Civil Service,.

NURSING LAWS PASSED IN JUNE 1950

y 'RA 465 - standardized the fees charge by the examining board.

"/ RA 546 - reorganized and placed all the board examinees under the direct supervision of the Pres,

of the Phil. .

• / RA .871 dated June 1":9, 1953- was enacted as an entirely new law created by the Rilipil'lo Nur-ses associated (NOW PNA) namely, s. ObnuliCl Kabigting as chairman; <\)eanJV S!Jtejb and ~onchita RBi-z. The act was spon~ored by Sen. Geronirna Pecson. The purpose is to "It~gulate the pl'6ctiee

of nursing in the Philippines and to set up provisions for the registrationof the nurses for the ,

establishment and maintenance of standards of nursing education and practice," . t-- E",f''''{:t:

./ 'RA .1080 dated June 15,1954 - An act declaring the BAR and BOARD OF EXAMINATION as "civil ;" :'1 " ~ Se-rvice fxamni<Jtion"

Cognizant of the complexities in the Nursing Profession on 1970, the nursitiq leader mad steps to realign the nursing law a tuned times, The following event took place:

):. 1975 - gean JV Sotejo called on then Pres, Marcos for the revision of the Nursing Law to enable nurses to practice more effectively and with legal protection with in the framework of an expanding and changing health care deliverv system (this did not materialized).

» :JulV 1977 - Dr. R. 8jamante worked' for the decree instituting a ~rof~ssiohal-regulatiQn 'code and the proposed arrrendrnerrts of tile Nursing law,

);.- May 13" 1982 - Coping of the propose amendment of the Philipr;iin:e,Nursing Act of 1982 was submitted to he"alth (T1iniS:letAzurin for him to sponsor at-BatasanParnbansa.

These even~5 laid the foundation for Rk716'4 with Senator Heherson A(valie~ as primary sponsor. It was finally passed in the lower house and appraisal in NI2IL~tT1ber 21, 1991 by Pres. Corazon Aquino "Nursing as a dynamic profession continues to seek ways and means to make. it more responsive and relevant. This is the prime motive for the birth of, RA 9173 - sponsored by Il/otf~ Carlos M. Padilla of the House of Representatives. Said bill was approved on the third meeting by the low House on Aug1!st 22,

OOOrJ but was not acted upon by the Senate. ' I '

The counterpart bill in the Senate (5Jj;j'J/o. 292) with ~tl')r.. f:liiJljer as sponsor. The 8M and PNA and I Legislation Committee worked and put the bill in its final form. rhe' Pres. GM Arroyo during the so" Anniversary of the Nurses Week celebration on October 21,2002 in Manila Midtown Hotel.

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).- RA~1::Z3 goiJe:r;;: 1, 00' - an act providing for a more responsive nursing profession

. repealing for the purpose RA # 7164, otherwise known as the Philippine Nursing Act of 1991.

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PHILIPPINE NURSING fi.AW (RA 91"73)

~ li' Ie of the law and its provision (Article I) ).- Declaration ot<PoliGy (Article .1)

y Organization of the oar of Nursing (Article III) ).- ~xamjnatjon and Registration (Article IV)

};> Nursing _ctucation (Article V)

y Nursing t'ractt€e (Article VI)

).>. Health Pruman Resourc=s Production, Utilization and Development (Article VII) ).> R,.enal and. ~isee"aneolls Provisions (Article VIII)

Reference for RA 9173 ,- Primer of RA 9173, Twelfth Congress, .':econd Regular: Session - Board of Nursing Resolution No. 425, Series of 2003, Implementing Rules and Regulation of the Philippine Nursing Act of 2002.

flEMENTS INVOtVED IN lEGAt'LlA1UUTV:

1. eg/igence - refers to the cornrntsston or omission of an act, pursuant to a duty, that a

reasonably prudent person in the same or similar circumstance would or would not do, and acting or non-acting of which is the proximate cause of injury to another person or his property.

2. Malpractice - the id~~ of improper or unskillful care of a patient by a nurse; denotes stepping beyond one's authority with serious consequences. It is the. term for negligence. or carelessness of professional personnel.

3. Incompetence- the fa-crof ability, legal qualifications or fitness t~ discharge the .required

duty.

4. 'Ignorance - means want: of knowledge ..

S. <Moral-Turpitude _. an aci of baseness, vileness or crepraYity in social or private duties.

6. Fraud - a wrong doing or misconduct, an act resulting from a willfuli:act to <deceive; deceitful practice, rules of common honesty.

7. Deceit - any act. Declaration or practice which misleads a person 'or which causes him to believe what is false.

8. I:alse Statement - an allegation or s aternent tl'iat is deceitfill with intention to commit a fraud.

PROFESSIONAL NEGLIGENCE

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1. .on the part of the person chargedto use due care under circumstances.

2. of due care.

3. resulting from failure to meet the standard.

4. The fact that the breach of this standard tf 11 I'l ir:lJ J to the plaintiff.

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B. Five legal Doctrines to Describe e~oJe.s...sional N.el1ligence

1. e Ipsa [oquitor - three conditions are required to establish a defendant's negligence

without proving specific conduct.

2. ~i. of E:QJ.I: Majeure. - means an irresistible force, one that, is unforeseen or

inevitable.

3. 9trctrif'ip, of !lesQolTrI.,,"!"t~ Jp""!,Ti-or - "let the master answerfor the acts of the subordinate ," 4. ~[!ta:i Ot:thKSblp"::OIJruin;e 5.

tORTS

- a gat WIOrlB, committed against a person or property 'nde" erlchmt of-a contract which renders the person who commits it liable for damages in a civil action.

Examples of Torts:

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1. Assault - the imminent threat of harmful or Cllffenshl.e bom1y C91'ffii'C.t. 2, 8CItter.,.- an intenti0r'al,ttfleonsentg"d tocrching of arrother person.

3. Ealse Imprisonment or tile-gal DetenTion - means Itlle unjustifiable detention of a person w~thput a legal warrant within boundaries fixed by .the defendant by an act or violation of duty; intended to result ih such confinement.

4. Invasion of Right to...erivCl'Y<J.nd Breach of Eonfide.ntjaHty 5. .OefamatiO""n

•. Ii/onder - ~ IDamaliotl of a person by speaking' unprivileged or false words by which his reputation is damaged.

e ~bel·· defamation by ~ritten vords, cartoons or such representations that cause a person to be avoided, ridiculed or held in contempt or "tend to Injure him in his work,

CRIMES, MISDEMEANORS AND FELONIES

1. 2.

y to commit a crime

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CLASSIFICATION OJ: FELONY:

A. According to Def/me of the acts of Execution:

1. (Consummat~d - when all the elements necessary for its execution and accomplishment

are resent.. .

2. FrUStrated - when the' offender performs all the acts or execution ~which will produce the felony as a consequence but which nevertheless, do not produce. it by reason of causes 1nele~endent"Ohhe will of the perpetrator.

3.ttempt - whe.n the offender commences the commission of the same directly overt (open or manifest) acts, and does not perform aU the acts: or executio~ which shall produce the felony, by reason of some ·cause or accident other than his. own spontaneous desistance.

B. According to flegtee ulPunishment:

1. Grave felonies ..., those to which the law attaches the capital puni~hment [death) or penalties which in any of their periods are afflictive (imprisonment ranging from six (6) years and one (1) day to 'life irrrprlsonrnerrt not exceeding <P6,OOO.OO).

2: less Grave '"felonies - those which the law punishes with penalties which in their maximum period are correctional [irnprisonrnent ranging from one month and one day to six f6) years, or a fine Q0t-.e-xceedingi>6,OOO.OO but' Mot less than P200.00).

3. light Felonies - those infractions of law for the commission of which the penalty of arresto menor [imprisonment for one (1) day to thirty (30) da s or a fine not exceeding P:200.00 or both' of which areIrnposed]. This is punishable only when thev have been

, . I ' .

consummated, with the exception of those committed against a person or property.

CIRCUMSTANCES FfECTING RIMINAL L1ABILiTi

1. 4ustitving Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
'. CRIMES WHICH CONCERNS NURSES

I

1. R rrickie - a crime cornmltted by one who kills his/her father, m~ther,'or child whether

legitimate or illegitimate, or any ofhis/her ascendants or descendants of his/her spouse.

2. . r. er- the unlawful killing of a human being witt,.intent to kill.

3.· omiEide - the killing of a human being by another. . 4. I . /I - the killing of a child ss:t.bcrn tbre-.e ':3:) a)lS o"t"age. '

, cf t e .age ofviability.

I;

5.

6. 7.

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8. Simulation of birth; substitution of one child for one another, or abandonment of a legitimate child.

9. Criminal Negligence

>- .eckless lniprudence - when a person does an act or falls-to do it oluntarily but ithout malic.e, from which material damage results immediateiy ..

):- Simple tmprudence - when the person or I nurse did not use precaution and the mnage was-immediate or the ·impendlng danger was not evident or manifest:

A. B. C.

D. Nursing Gare

E. @peration of Patients

F. Abortion Cases

G. t1nauthorized Discharge of Patient

Points to Observe by Nurses in Order to A\1oid Criminal1jability

1. Be very familiar wiui the Philippine Nursing law.

2. Beware of laws affect nursing practice.

3. At the start of employment, get a copy or your job description, the agerrcv's rules, regulations and policies.

4. Upgrade your skills a.na competence.

5. Accept oflly such responsibilitv that IS within the scope of your 'employment' and' job

description. !

6. <Do not delegate your responsibility to others.'

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