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LAWS AFFECTING THE PRACTICE OF NURSING/MIDWIFERY IN THE PHILIPPINES

1.) PRESIDENTIAL DECREES


1. PD 48 - Four (4) children with paid maternity leave privilege 2. PD 69 - Four (4) children for personal tax exemption 3. PD 148 - Woman and Child Labor law 4. PD 442 - New Labor code 5. PD 491 - Nutrition Program 6. PD 541 - Practice of former Filipino professionals in the Philippines 7. PD 568 - Role of Public Health Midwives expanded under the RHCDS 8. PD 603 - Child and Youth Welfare Code 9. PD 626 - Employee Compensation & State Insurance Fund 10. PD 651 - Birth registration following delivery 11. PD 791 - Revised Population Act. Defines the objectives, duties and functions of the POPCOM. 12. PD 825 - Penalty for improper disposal of garbage and other forms of uncleanliness 13. PD 851 - 13th month pay 14. PD 856 - Code of Sanitation 15. PD 965 - Family planning & responsible parenthood instructions prior to issuance of marriage license 16. PD 996 - Compulsory Immunization for children below eight (8) years old against immunizable diseases. 17. PD 1083 - Muslim Holidays 18. PD 1204 - Includes DILG and DOLE in national family planning, health and welfare programs 2.) EXECUTIVE ORDERS EO 51 - Milk Code EO 180 - Guidelines on the right to organize of government employee EO 203 - List of regular holidays and special days EO 209 - Family Code of the Philippines (amended by RA 6809) EO 226 - Command Responsibility EO 503 - Creating a Philippine counterpart for the permanent joint Philippine German democratic trade committee 3.) BOARD OF MIDWIFERY/NURSING RESOLUTIONS 1. 2. 3. 4. 5. 6. # 557 Series 1998 - Code of Ethics for Midwives # 100 Series 1993 - Implementing Rules & Regulations of RA 7392 # 663 Series 1984 - ICN Code of Ethics # 1955 Series 1989 - PNA Code of Ethics # 08 Series 1994 - Special Training on Intravenous Injections for the RN # 20 Series 1994 - Implementing Rules & Regulations of RA 7164 1. 2. 3. 4. 5. 6.

4.) PROCLAMATIONS/PRONOUNCEMENTS & LETTERS OF INSTRUCTIONS


1. 2. 3. 4. 5. 6. PROC # 6 - Unite Nations Goal on Universal Child Immunization by 1990 PROC # 118 - Professional Regulation Week June 16-22 PROC # 539 - Nurses Week - every last week of October PROC # 1275 - Midwifery Week - every third week of October LOI # 949 - Legal basis of primary health care LOI # 1000 - Members of accredited professional organization given preference in hiring or attendance to seminars. 7. ILO Convention # 149 - Improvement of Life and work conditions of nursing personnel ( ILO Recommendation # 157 )

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5.) REPUBLIC ACTS


1. RA 1054 - Free emergency medical and dental attendance to employees/ laborer of any commercial, industrial or agricultural establishments. 2. RA 1080 - Civil Service Eligibility 3. RA 1082 - Creation of rural health units all over the Philippines 4. RA 1612 - Privilege TAX/ Professional Tax 5. RA 1891 - Created rural health units of 8 categories of staffing pattern (amended RA 1082 in 1957) 6. RA 2382 - Philippine Medical Act 7. RA 3573 - Reporting Communicable Disease 8. RA 4073 - Treatment of Leprosy in a Government skin clinic, rural health unit or by a duly licensed physician. 9. RA 4226 - Hospital Licensure 10. RA 5181 - Permanent residence & reciprocity qualifications for examinations/ registration 11. RA 5901 - Working hours & compensation in agencies with 100 bed capacity 12. RA 6365 - Created the Commission of Population (POPCOM) 13. RA 6425 - Dangerous Drug Act 14. RA 6675 - Generics Act of 1998 15. RA 6713 - Code of Conduct and Ethical Standards for Public Officials & Employees 16. RA 6725 - Prohibition on Discrimination vs. Women 17. RA 6727 - Wage Rationalization 18. RA 6758 - Salary Standardization of Government Employees 19. RA 6972 - Day Care Center in every barangay 20. RA 7160 - Local Autonomy Code 21. RA 7170 - Legacy of donation of all part of a human body after death 22. RA 7192 - Women in Development & Nation Building 23. RA 7277 - Magna Carta for Disabled Persons 24. RA 7305 - Magna Carta for Public Health Workers 25. RA 7432 - Senior Citizens Benefits & Privileges 26. RA 7600 - Rooming-In Breastfeeding Act 1992 27. RA 7610 - Special Protection of Children against Child Abuse Exploitation and Discrimination 28. RA 7641 - New Retirement Law for Employees in the Private Sector 29. RA 7719 - National Blood Service Act of 1994 30. RA 7875 - National Health Insurance Act of 1995 31. RA 7876 - Senior Citizen Center for every Barangay 32. RA 7877 - Anti-Sexual Harassment Act of 1995 33. RA 7883 - Barangay Health Workers Benefits & Incentives Act of 1992 34. RA 7885 - Advance Corneal Transplantation in the Philippines 35. RA 8042 - Migrant Workers & Overseas Filipino Act 1995 36. RA 8187 - Maternity Leave Act of 1995 37. RA 8203 - Special Law on Counterfeit 38. RA 8282 - Social Security Insurance System Act of 1997 39. (amended PD 1146) 40. RA 8291 - Government Service Insurance System Act of 1997 41. (amended RA 1161) 42. RA 8344 - Hospitals/ doctors to treat emergency cases referred for treatment 43. RA 8423 - Created the PITAHC ( Philippine Institute of Traditional and Alternative Health Care ) 44. RA 8424 - Personal Tax Exemptions 45. RA 8504 - Philippine AIDS Prevention and Control 46. RA 8749 - Clean Air Act 47. RA 8976 - Philippine Food Fortification 48. RA 9211 - Tobacco Regulation Act 49. RA 9255 - Revilla Law 50. RA 9262 - Anti-Violence against Women and Children 51. RA 9288 - Newborn Screening

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6.) OTHER RELATED LAWS


1. Ministry Circular No. 2 AIDS as notifiable disease 2. AO 114 - Amending administrative order nos. 109 and 111 series of 2000, further providing for the rationalization of systems and accountabilities in the office of the president B. RA 9713 Article VI Nursing Practice Section 28 Scope of Nursing - A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting. It includes but, not limited to nursing care during conception, labor, delivery, infancy, childhood, toddler, pre-school, school age, adolescence, adulthood and old age. As independent practitioners nurses primarily responsible for the promotion of health and prevention of illness. As member of the health team, nurses shall collaborate with other healthcare providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering and when recovery is not possible, towards a peaceful death. It shall be the duty of the nurse to: a.) Provide nursing care through the utilization of the nursing process. Nursing care includes but not limited to traditional & innovative approaches, therapeutic use of self, executing healthcare techniques and procedures, essential primary healthcare, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral, topical and parenteral medications, internal examinations during labor in the absence of antenatal bleeding and delivery. In case of suturing perineal laceration, special training shall be provided accdg. To protocol established. b.) Establish linkage with community resources and coordination with health team. c.) Provide health education to individuals, families & communities. d.) Teach, guide and supervise students in nursing education programs including the administration of nursing services varied setting such as hospitals and clinics, undertake consultation services, engage in such activities that require the utilization of knowledge and decision-making skills of a registered nurse and e.) Undertake nursing and health human resource development of advance nursing practice.

7.) SALINE ASPECTS IN THE 1987 CONSTITUTION OF THE PHILIPPINES

1.) Article II - Declaration of Principles & State Policies Section 11 - Human Dignity and Rights 12 - Sanctity of family, equal protection of the life of the mother and the life of the unborn from conception 13 - Role of the Youth in Nation Building 15 - Right to Health 16 - Right to balanced & healthy ecology 2.) Article III - Bill of Rights Section 1 - Equal protection of Laws & Due Process Law 3 - Privacy of Communication and Correspondence 8 - Formation of unions, association/s or societies 12 - To remain silent & have counsel when under investigation 14 - The accused person is presumed innocent until the contrary is proved 3.) Article IV - Citizenship Section 3 - Philippine Citizenship may be lost or re-acquired in the manner provided by law

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4.) Article XIII - Social Justice & Human Rights Section 3 - Right of all workers self-organization, collective bargaining and negotiations and peaceful concerted activities. 11 - Priority for the needs of the under-privileged sick, elderly, disable,woman and children. 13 - Special Agency for disabled persons 14 - Protection for Working Women 5.) Article XV - The Family Section 1 - Filipinos 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.