Legal Aspects of Nursing Terminology check:

 Beyond a reasonable doubt

Prepared by: o The standard of proof required in most
CHRISTOPHER MICHAEL D. PARRILLA, RN, MAN criminal cases within an adversarial system.
o Means that if a judge has any reasonable
Law doubts about the defendant’s guilt – then it
 lex (etymology) must vote not to convict the oppressor.
 A set of rules establish by a governing power to
guide actions, regulate conduct of the people and  Preponderance of evidence
impose sanctions for violation or non-compliance o Standard of proof that must be met by a
thereof. plaintiff if he or she is to win a civil action.
 Obliges people to do right and prohibits them to do o The judge needs only to decide if it is more
wrong. likely than not that the plaintiff’s complaint
is true.
Branches of Law
 Divine law – by the supreme being o Civil Law
 Human law –  Regulate relations between
o General/Public individuals or group of individuals
o Individual/Private  Civil action
 Lawsuit that be brought by
Jurisprudence a plaintiff (person) who
 Juris – oral legal tradition and to functional feels wronged or injured by
application of Law, to and in particular sets of facts another person.
and circumstances.  Courts may award the
 Prudentia – one who behaves prudently or wisely injured person money for
because he has knowledge on possible consequences the loss or order the one
of a particular action. who committed the wrong
to make amends in some
Kinds of Law way.
 Major Groups of Law  Ex: Automobile Accident,
o Criminal Law Marriage, Divorce,
 Regulates public conduct and set Contracts, real estate,
out duties a- insurance, negligence.
 Legal actions brought by the gov’t
against a defendant
 Penalties include: imprisonment, General Divisions of Law
fines, probation.  Natural Law – an integral part of nature because it is
 Divisions immutable and inherent in the nature of man or
 Felonies every element or part of the universe.
o Penalty is a term of  Positive Law – a precept made and imposed by
more than one year someone in authority
in prison o Divine law
o Murder, robbery, o Human law
rape.
 Misdemeanor Applicable Laws and Jurisprudence in Nursing Practice
o Penalty is a prison  Constitutional Law – constitution, adoption,
term of one year or amendments of the constitution
less. Kinds of Constitution
o Simple assault, o Cumulative or evolved – originates in
minor theft customs, common law principles, decisions
or courts, etc.
 o Conventional constitution – enacted
constitution because it is deliberately passed
by a representative body or a ruler.
o Written constitution – provisions are
embodied in one document or sets of
documents
o Unwritten constitution – most provisions
are not in a single document but scattered in
various sources.
o Rigid constitution – can be amended only by
a formal or usually difficult process
o Flexible constitution – can be changed by
ordinary legislation.
 Criminal Law – branch of law which defines crimes,
treats of their nature and provide for their
punishment
o Prosecution of a criminal offense resulting to
injuries
 Nature
 Location
 Size, shape and incursion
 Color
 Number , and other appearance.
o Death of a patient
 Natural
 Suicide,
 Homicide/ murder/parricide
 Accident
 Undetermined
o Useful pieces of evidence for the criminal
offenses
 Body
 Objects on or with the body
 Injuries sustained
 Tissues and body fluids
 Other medical evidence or findings.
 Civil Law – the branch of Law that pertains to the
organization of the family and the regulation of
property
RA 3815 – Revised Penal Code
RA 386 – New Civil Code
o Covers the following aspects of human life
 Persons and family relations
 Property rights and ownership
 Modes of acquiring ownership
 Obligations and contracts
 Special contracts
 EO 209 – Family code
 Labor law – branch of law that governs and
regulates the relationship of employers and
employees. Otherwise known as “labor legislation”
o Statutes,
o Regulations
o Jurisprudence
o Governing the relations between capital and
labor
o Employment standards and
o Other incidents of employment
o Labor Standards Law – minimum terms,
conditions and benefits of employment must
provide or comply with and to which
employees are entitled as a matter of right.
o 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 representative.
o Labor Code
 PD 442
 Book 4 of the Labor Code = PD 608
 Administrative Law – branch of law that deals with
the activities or functions of executive or
administrative agencies such as the departments,
bureaus, boards, or commission on all other offices
under the administrative supervision of the office of
the President.
PRC – Professional Regulation Commission
Three main functions
o Executive
o Quasi-judicial
o Quasi-legislative
Functions of PRC
 To investigate and decide cases against an erring
examinee or professional.
 To formulate and promulgate policies and
guidelines on administrative investigation and
professional regulations.
 Implement the law, regulatory policies and
standards; and
 To maintain and promote professional and
occupational standards and ethics.
Civil Service Law
 Branch of law which deals with the civil service in
all branches, subdivisions, instrumentalities and
agencies of the government including GOCCs with
an original charter.
  Primary purpose is to establish and maintain a merit
system in the selection of public officers
TORT – defined as 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.
 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.
 A tort is similar to crimes but crimes involved breach
of duties toward the society in general
 The aggrieved party who has been injured due to a
tort may bring a lawsuit.
 Tortfeasor – a person who commits a tort.
Categories
 Negligence torts – the standard action in tort.
Provides a cause of action leading to damages.
 Intentional torts – include those torts arising from
the occupation or use of lands. E.g. nuisance,
trespass, etc come under this category. Intentional
torts also include false imprisonment.
 Statutory Torts: enacted by legislature and not by
courts. E.g. consumer protection laws, labor laws,
governing safety and health of workers.
 Standard torts
Nuisance: legally, the term is used in three ways: to describe
an activity or condition that is harmful or annoying to
others.
Defamation: harm tarnishing the reputation of someone.
They are two types. One is slander and the other is libel
 Slander – spoken
 Liber – written
Assault and Battery
 Assault – imminent threat of a harmful or offensive
bodily contact.
 Battery – intentional unconsented touching of
another person.
False Imprisonment
 Unjustifiable detention of a person without legal
warrant within the boundaries fixed by the
defendant by an act or violation of duty intended to
result in such confinement.
Laws Relevant to Nursing Practice
1. PD 48 – four (4) children with paid maternity leave
privilege
2. PD 69 – four (4) children for personal tax exemption
3. PD 79 – Revised the Population Act; Defines the
objectives, duties and functions of POPCOM
4. PD 223 – Creation of Professional Regulation
Commission (PRC) in 1973
5. PD 442 – New Labor code
6. PD 491 – Nutrition program
7. PD 541 – Former Filipino professionals allowed to
practice their respective professions in the
Philippines
8. PD 568 – Role of Public health midwives expanded
under the RHCDS; Restructuring of the Philippine
Health Care DeliverySystem; Deployment of
midwives to improve rural situation (1 PHMid =
5,000 pop.; 1 PHNurse = 10,000 pop;1 RHPhysician =
20,000 pop)
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 birthswithin 30 days following
delivery)
12. PD 825 – Anti- improper garbage disposal (provides
penalty for improper disposal of garbage)
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
17. PD 1063 – Muslim Holidays
18. PD 1204 – Amends PD # 79B. ADMINISTRATIVE
ORDERS1. A.O. No. 114 s. 1991 – Revised/updated
the roles and functions of the Municipal Health
Officers, Public Health Nurses and Rural Health
Midwives
19. Dept. Circular Order No. 75 – Reinstitution of
Tetanus Toxoid among Pregnant Women
20. Min. Circ. No. 2 s. 1986 – Includes AIDS as a notifiable
disease
Executive Orders
1. EO 51 – Milk Code
2. EO 85 – Integration of Public Health and Hospital
Services
3. EO 119 – Reorganization of Department of Health
4. EO 180 – Guidelines on the right to organize of
government employees
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
House Bills
1. HB # 16 – Two-Child Policy
2. HB # 3773 – Responsible Parenthood and Population
Movement Act
Proclamation Numbers
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 MotherImmunization Goal of the World
Health Assembly
4. Proc. # 118 – Professional regulation Week – June 16-
22
5. Proc. # 539 - Nurse week – every last week of
October
6. Proc. # 1275 - Midwifery week – every third week of
October
7. Proc. # 147 March 3, 1993 – Declares April 21 and
May 19, 1993 and every 3rd Wednesday of January
and February and thereafter for 2 years as National
Immunization Days
8. Proc. # 773 March 28, 1996 – Every 3rd Wednesday
of April and May as the “Knock-out Polio Day”
9. Proc. # 1064 August 27, 1997 – Enjoining all sectors
of society to participate in the Acute Flaccid
Paralysis (AFP)surveillance component of polio
eradication campaign
10. Proc. # 1066 – Declaring a National Neonatal
Tetanus Elimination Campaign starting 1997
Letter 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. LOI convention #149- Improvement of life and work
conditions of nursing personnel (ILO
Recommendation # 157)
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
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)
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)
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).
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
16. RA. 6425 – Dangerous Drug Act – the sale,
administration, delivery, distribution and
transportation of prohibited drugs is punished by
law.
17. RA. 6675 – Generics Act of 1988 – this promotes,
requires and ensures the production of an adequate
supply, distribution, use an acceptance of drugs and
medicines identified by their generic names.
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.
19. RA. 6715 – Senior Citizen Center for every Barangay
20. RA. 6725 – Prohibition on discrimination vs. women
21. RA. 6727 – Wage Rationalization
22. 6758 – Salary Standardization of Government
employees that includes nurses
23. RA. 6972 – Day Care Center in every BarangaY
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
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.
29. RA. 7432 – Senior Citizen Benefits & Privileges
30. RA. 7600 – Rooming –In and Breast feeding Act of
1992
RA. 7610 – Anti-Child Abuse Law (Special
Protection of Children against Child abuse,
Exploitation & Discrimination)
RA. 7641 – New Retirement Law of employees in the
Private Sector
RA. 7719 – National Blood Service Act of 1994
RA. 7846 – Requires compulsory immunization
against Hepatitis B among infants and below 8 years
old
RA. 7875 – National Health Insurance Act of 1995
RA. 7876 – Senior Citizen Center for Every Barangay
RA. 7877 – Anti- sexual harassment Act of 199538.
RA. 7883 – Barangay Health workers Benefits &
Incentives Act of 1992
RA. 8042 – Migrant workers & Overseas Filipinos
Act of 1992
RA. 8172 – Asin Law / Iodize Salt Law
RA. 8187 – Maternity Leave Act of 1995
RA. 8282 – Social Security Law of 1997 (amended
RA 1101)
RA. 8291 – Government Service Insurance System
Act of 1997 (amended PD 1146)
RA. 8344 – Hospitals/ doctors to treat emergency
cases referred for treatment
RA. 8353 – Anti-Rape Law
RA. 8423 – Traditional and Alternative Medicine Act
of 1997 (“Gamot na Mabisa sa Abot Kayang
Halaga”)
RA. 8424 – Personal Tax Exemptions
RA. 8479 – Clean Air Act
RA. 8504 – Philippine AIDS Prevention and Control
Act of 1998
RA. 8972 – Nationwide Iodination Law
RA. 8976 – Food Fortification Act
RA. 8981 – PRC Modernization Act of 2000
RA. 9173 – The Nursing Act of 2002
RA. 9211 – No Smoking Act
RA. 9257 – Expanded Senior Citizen Act of 2003
RA. 9262 - Domestic Violence Act
 Legal Bases of Nursing Educators, Nursing Regulation and
Nursing Practice
Prepared by
CHRISTOPHER MICHAEL D. PARRILLA, RN, MAN
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 healthcare
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.
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.
A. Nursing Education
RA 9173 – Nursing Law
 Aims to provide a sound general and professional
foundation for the practice of nursing through
quality nursing education.
RA 7164
 Requires 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.
RA 9173
 Deletion of the said admission requirement since
one’s high school performance is not an accurate
basis for college admission and students’ mental
competence and psychological preparedness for
college education.
RA 7722 – CHED
 Provides standard or minimum requirement for the
operation and regulation of educational institution
offering tertiary courses such as BSN.
B. Administration and Faculty
 Qualification of a Dean
o Filipino Citizen, RN in the Phil, MAN, 5
years of competent teaching and supervisory
exp in college of nursing, member of ADPCN
and PNA.
 Qualification of Faculty members
o Filipino Citizen, RN in the Phil, MAN, 3
years of Clinical Practice, member of an
accredited national nursing organization.
C. Nursing Regulation
 PRC was created under RA 9173
 PRC – primary agency responsible for the regulation
of the admission, registration and practice of nursing
profession in the Philippines.
o Composed of 1 Chairperson, and 6 members
o Appointed by the President
Negligence
 Refers to the commission or omission of an act,
pursuant to a duty, that a reasonable 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.
 Civil Code, Art. 19
o One shall act with justice, give everyman his
due, observe honesty and good faith.
 Common Acts of Negligence
o Burns
o Objects left inside the patient’s body
o Falls of elderly
o Falls of Children
o Failure to observe and take appropriate
action as needed.
Res Ipsa Loquitor – “The thing speaks for itself”
 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 the
control of the defendant.
 That the plaintiff himself did not engage in any
manner that would tend to bring about the injury.
Malpractice
 Implies the idea of improper or 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.
D. Afa
E.