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NCM 105

NURSING LAWS AND JURSIPRUDENCE

INTRODUCTION

Definition of Terms

1. Law – a rule of human conduct, just and obligatory, promulgated by him who is in-charged
for common observance and benefit.

2. Jurisprudence – refers to the doctrines and principles defined by the court of law,
especially the Supreme Court being the court of last resort, interpreting and applying the
provisions of the Constitution and the laws in a specific controversy.

It also refers to the philosophy of law, or the science which treats of the principles of positive
law and legal relations.

It is that science of law, namely, that science which has for its function to ascertain the
principles on which legal rules are based, so as not only to classify those rules in their
proper order, and show their relation in which they stand to one another, but also to settle
the manner in which new or doubtful cases should be brought under the appropriate rules.

Nursing jurisprudence, therefore, comprises all laws, rules, doctrines and principles, legal
opinions and decisions of competent authority regarding governance and regulation of the
practice of nursing.

3. Nursing Legislation – is the act or process of making laws affecting the science, art and
practice of nursing.

Requisites of a Good law

1. It must be reasonable.
2. It must be promulgated.
3. It must be enforceable.
4. It must be enacted by competent authority.
5. It must be for the common good.

Divisions of Law

1. Divine law – refers to the divine reason commanding that the order of things be preserved
and forbidding that it be disturbed.

2. Natural law – a rule of human conduct rooted in the nature of being of the human person
directed to his ultimate end. It is expressed in the universal law: DO GOOD, AVOID EVIL.

3. Divine Positive law – one that is promulgated by a competent authority. Its expression is
found in the Ten Commandments.

4. Human Positive law – one that is made and promulgated by human authority. It is divided
into:

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4.1. Ecclesiastical law – one that regulates the ecclesial life and mission of the Church.
4.2. Civil law – one that regulates the relationship between and among individual
members of society.

Classifications of Human/Civil Law

1. General or Public law – one that regulates the relationship between and among individuals
and the State.

2. Individual or Private law – one that regulates the relationship between and among
individuals.

Classification of General/Public Law

1. International law – one that regulates the relationship between and among independent
States.

2. Constitutional law – one that sets forth the framework of governance, defines the powers
and limitations of the power that be and enumerates the basic rights of the people.

3. Criminal law – one that defines crimes and provides for their punishment.

4. Administrative law – one that provides for the general framework of governmental agencies
and their respective powers, duties and limitations.

5. Remedial law – one that provides for the procedure in asserting one’s rights in case of their
violations.

Classifications of Individual/private Law

1. Civil law – one that regulates family, property, contractual and extra-contractual relations
between and among individuals.

2. Mercantile law – one that regulates commercial and trade relations between and among
members of the civil society.

Place of Law in the Nursing Profession

A. Four Basic Functions of Law in a Society.

1. To define relationships among the members of a society and to state which activities
are permissible and which are not permissible.

2. To describe what force may be applied to maintain rules and by whom it is to be


applied.

3. To provide the solution to the problems.

4. To redefine relationships between persons and groups when conditions of life


change.

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B. Basis of State Regulation of the Nursing Profession.

The regulation of the nursing profession, like all other professions, is based on the police
power of the State, which is the power of promoting public order and safety, public health,
public morals, education and general welfare by restraining and regulating the use of liberty
and property.

C. Functions of Law in Nursing.

1. It provides a framework for establishing what nursing actions in the care of patients
are legal.

2. It delineates the nurse’s responsibilities from those of other health practitioners.

3. It helps to establish the boundaries if independent nursing action.

4. It assists in maintaining a standard of nursing practice by making nurses accountable


under the law.

D. Philippine Nursing Law.

 R.A. No. 9173, otherwise known as the Philippine Nursing Act of 2002
 Approved on October 21, 2002
 Took effect on November 20, 2002.
 Regulates the nursing practice at present
 It provides about:
1. Nursing Registration.
2. Nursing Examination.
3. Nursing Education.
4. Nursing Practice.
5. Health human resource production, utilization and development

 It is made up of 19 Articles and 41 Sections.

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