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RESOURCE UNIT IN
NURSING ETHICS & JURISPRUDENCE
NF Cañizares, BSN, RN, MAN

NURSING ETHICS
Main Concept:

Nursing Ethics is concerned with the principles and right conduct as they apply to the nursing profession. It reinforces the nurses’ ideals and motives in order to maximize the affectivity of their service. Nursing Jurisprudence is that department of law which comprises all the legal rules and principles affecting the practice of nursing. It also includes the interpretation of all these rules and principles and their application to the regulation of the practice of nursing.

Course Objectives:
At the end of 20 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 bioethical 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 bioethical issues affecting nursing practice 2. Be able to integrate a basic understanding of nursing law, develop skills in the application of legal, ethico-moral principles in nursing practice and recognize the importance of these principles in the nursing profession.

DEFINITION OF TERMS
1. Profession – an occupation or calling requiring advance training and

2. 3. 4. 5. 6. 7. 8. 9.

experience in some specific or specialized body of knowledge which provides service to society in that specific field. Vocation – an occupation of calling. Ethics – refers to a standard to examine and understand moral life. Morality – refers to social consensus about moral conduct for human beings and society. Professional Ethics – a branch of moral science concerned with the obligations that a member of the profession owes to the public. Health Care Ethics – the division of ethics that relates to human health. Bio-Ethics – a specific domain of ethics that focuses on moral issues in the field of health care. Nursing Ethics – related to all the principles of right conduct as they apply to the profession. Nursing Profession – the performance for a fee, salary or other reward or compensation or professional nursing service to individuals, families and communities in various stages of development. The promotion of health,

NFC JUNE 2010

• The word deontology came from the Greek word “deon” which means duty. known as aretaic ethics (from the Greek word “arête”) is focused primarily on the heart of the person performing the act. Guidelines for making ethical decisions: 1. 2. families and communities • Participation in teaching guidelines and supervision • Undertaking nursing and health manpower development ETHICAL APPROACHES A. Intellectual virtue is the power to deliberate about things good for oneself. Consideration of consequences. • B. D. 5. C. Divine Command Ethics Is based on the theory that there is a Supreme or Divine being that sets down the rules to provide guidance to moral decisions. Propriety of actual needs over ideal or potential needs. Virtue Ethics Approach • • • • • Virtue Ethics. It focused on the traits and virtues of a good person such as courage. UNIVERSAL PRINCIPLES OF BIOMEDICAL ETHICS NFC JUNE 2010 . 4. wisdom and justice.” • The teleological approach is also termed as act utilitarianism where the good resides in the promotion of happiness or the greatest net increase of pleasure over pain. restoration of health and alleviation of suffering thru: • Utilization of Nursing Process • Establishment of connection with community resources • Motivation of individuals. Moral virtues must be lived over time in order to be learned. A courageous acceptance of the consequence of the decision. A desire to enlarge choices and reduce chance. Consideration for people as human beings.2 prevention of diseases. 3. Deontological Approach or Duty-Oriented Theory • The basic rightness or wrongness of an act depends on the intrinsic natures rather than upon the situation or its consequences. Proportionate good to come from choices. and 6. temperance. Teleological Approach or Act of Utilitarianism Teleology comes from the Greek word “telos” or “goal or end.” • This is expressed as “the right thing to do is the good thing to do.

religious restrictions. Nonmaleficence • Is stated as an admonition in the negative form to remind health practitioners to do no harm. the universality of the nursing practice. Justice • Refers to the right to demand to be treated justly. allergies. It is a systematic guide for developing ethical behavior. E. the scope of their responsibilities to the people they serve.3 A. previous hospitalizations. and other matters relevant to his health. D. 1984 NFC JUNE 2010 . constraint or coercion. to society and environment. prevent illness or complications. fairly and equally. Autonomy • Comes from the Greek word “autos” meaning self and “nomos” meaning governance. IMPORTANCE OF ETHICAL CODES 1. • These acts promote the health of the patient. • It involves self-determination and freedom to choose and implement one’s decision. 2. medications taken. free from deceit. the patient and the health care providers are bound to tell the truth. developed a Code of Ethics for Filipino nurses. Beneficence / Peace Education • The principle of beneficence promotes doing acts of kindness and mercy that directly benefit the patient. and to their profession. accurate and complete information about his complaints. Veracity • To maximize the efficiency of health care. B. to their co-workers. It answers normative questions of what beliefs and values should be morally accepted. • The patient has the responsibility to provide. 2. b. Brief History: a. Importance: It strongly emphasizes the four-fold responsibility of nurse. C. under the chairmanship of Dean Emeritus Julita V. duress. past illness. 1982 • The Philippine Nurses Association Special Committee. alleviate suffering and assist towards peaceful death if the inevitable comes. NURSING CODE OF ETHICS 1. to the best of his knowledge. Sotejo.

values. b. 3. The Code was adopted under Republic Act 9173 and promulgated by the Board of Nursing under Resolution No. c. 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. • This was approved by the general assembly of the Philippine Nurses Association during the Nurses Week convention on October 25. Professional Regulation Commission adopted the Code of Ethics of the International Council for Nurses through Board Resolution No. 877. 633 adding “promotion of spiritual environment” as the fifth-fold responsibility of the nurse. Nurses and People Nurses and Practice Nurses and Co-Workers Nurses and the Society a. Nurses and People • • • • Nursing care Environment that respects the rights. 7. 4. and spiritual beliefs of patients Informed consent/ information dissemination Confidentiality 2. 3. and Section 6 of PD No.4 • The Board of Nursing. 1989 • The Code of Ethics promulgated by the Philippine Nurses Association was approved by the Professional Regulation Commission and through Board Resolution No. 2004. Pursuant to Section 3 of Republic Act No. 8. 2. known as the Philippine Nursing Law. 233. Contributing members of the society b. Amended Code of Ethics for Nurses a. Nurses and Practice NFC JUNE 2010 . 5. 1990. PRINCIPLES: 1. 6. 1955 was recommended for use. Awareness for the call for change Nurses and the Profession Responsibility of the Nurse to Patient Responsibility of the Nurse to the Physician Responsibility of the Nurse to her Colleagues Responsibility of the nurse toward themselves THE ICN CODE FOR NURSES [2006] & THE UNIVERSAL PRINCIPLES IN NURSING 1. 220 Series of 2004 last July 14. • This was enforced up to 1989. 9.

Know the patient’s Bill of Rights. creed. and the ailment. Nurses must know responsibilities in the practice of the profession 3. Nurses and the Profession • Assume the major role in determining and implementing acceptable standards in practice. Give him/her the kind of care his/her condition needs regardless of his/her 2. 3. The nurse shall involve the patient and/or his/her family so that he/she or any of the family can participate in his/her care. color. Nurses shall perform professional duties in conformity with the existing laws and generally accepted principles of moral and ethical conduct and proper decorum 2. and economic working conditions in nursing through professional organization 4. nationality or status. Nurses should commit themselves to the welfare of those entrusted to their care. Solicitation. NFC JUNE 2010 . social. Be patient advocate.5 Responsibility and accountability for nursing practice and the maintenance of competence • Standard of care wherein the ability to provide care is not compromised • Assess individual competency • Maintain standards of personal conduct • Client safety with regard to the use of technology and scientific advances 3. 5. direct or indirect from patients is repugnant to the honor and dignity of nursing profession that constitutes unethical conduct 4. management. Nurses and Co-Workers • Cooperation and collaboration • Patient Protection from co-worker or other individuals • IMPLEMENTING RULES IN THE ICN CODE OF ETHICS 1. Nurses should not leave a patient or any agency without proper permission or resignation or without relief. 4. the physician’s orders. 7. 6. race. Treat patient in a manner that will show concern whether the patient is rich or poor. education and research • Be active in developing of core of research-based professional knowledge • Participate in creating and maintaining safe. Nurses must not allow the use of their names in the promotion of any commercial products or service RESPONSIBILITIES OF THE NURSE TO THE PATIENTS 1. equitable. The patient’s care shall be based on needs.

8. 4. 11. in accordance with the Code of Ethics for Nurses and its interpretative statements. Nurses have the right to practice in a manner that fulfills their obligations to society and to those who receive nursing care. 2. 10. The patient has the right to expect reasonable continuity of care. without fear of retribution. 2. 4. 6. 5. The patient has the right to refuse treatment and to be informed of the medical consequences of his action. 3. The patient has the right to every consideration of his privacy concerning his own medical care program. The patient has the right to expect within its capacity. 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. 6. The patient has the right to expect that all communications and records pertaining to his care should be treated as confidential. 12. and prognosis in terms the patient can be reasonably expected to understand. 3. The patient has the right to considerate and respectful care. Providing information Complying with instructions Informing the physician of refusal to treatment Paying hospital charges Following hospital rules and regulations Showing respect and consideration NURSES’ BILL OF RIGHTS 1. NFC JUNE 2010 . treatment. Nurses have the right to a work environment that supports and facilitates ethical practice. 7. 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. The patient has the right to examine and receive an explanation of his bill. 4. The patient has the right to be advised if the hospital proposes t engage in or perform human experimentation affecting his care or treatment. 3. Nurses have the right to freely and openly advocate for themselves and their patients. 9.6 PATIENT’S BILL OF RIGHTS 1. The patient has the right to know what hospital rules and regulations apply to his conduct as a patient. The patient has the right to obtain from his physician complete and current information concerning his diagnosis. PATIENT’S RESPONSIBILITIES 1. 2. a hospital must make reasonable response to the request of a patent for services. Nurses have the right to practice in environments that allow them to act in accordance with professional standards and legally authorized scopes of practice. 5.

3. or procedures is different from what would be used in standard practice. 4. either individuals or collectively. 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. or devices that might be helpful. will be available if any complications should arise. Informed consent 6. consistent with their knowledge. To receive a description of any alternative procedures. To be told of any benefits that you may reasonably expect to from the participation in the study. discomforts. 7. To be told about the nature and purpose of the study. or risks that you can reasonably expect to occur during the study. 2. Nurses have the right to negotiate the conditions of their employment. To receive a description of any side effects. Scope of Application 4. Your decision will not affect your right to receive the care you would receive if you were not in the experiment. 2. and their risks and benefits compared to the proposed. Nurses have the right to a work environment that is safe for themselves and their patients. 3. To refuse to participate in the research study. drugs. To be given a chance to ask any questions concerning the research study both before agreeing to participate and at any time during the course of the study. experience and professional responsibilities. To receive a copy of signed and dated written consent form and a copy of this form. in all practice settings. Employment in settings where research is conducted. 6. To be told about the procedures to be followed in the research study. if any. 5. Nurses have the right to fair compensation for their work. if applicable. 9. Supporting accrual of knowledge 5. 6. 4. To be told of what sort of medical treatment. and whether any of the drugs. NURSES’ RESPONSIBILITIES IN RESEARCH ON HUMAN SUBJECTS 1. Vigilant protection of human subjects’ rights 3. 5. devices. 8.7 5. 7. Participation is voluntary. NFC JUNE 2010 . drugs or devices. Right to informed Consent The right to refuse and/or withdraw from participation Right to privacy Right to confidentiality or anonymity of data Right to be protected from harm EXPERIMENTAL SUBJECT’S BILL OF RIGHTS 1. Representation of Human Rights Committee BASIC HUMAN RIGHTS OF RESEARCH SUBJECTS 1. 2.

executing health care techniques and procedures. 2. 3. 2. RESPONSIBILITIES OF NURSES TO THEIR COLLEAGUES 1. Their conduct must bring credit to the profession. To be given the opportunity to freely decide whether or not to consent to the research study without any force. or undue influence. RESPONSIBILITIES OF THE NURSE TO THE PHYSICIAN • Section 28(a) of RA 9173 states that: It shall be the duty of the nurse to: (a) Provide nursing care through utilization of the nursing process. moderate make-up. 6. coercion.8 10. Establish good working relationships with co-workers. They shall endeavor to live a life that will uphold their self-respect. Special Concepts and Principles which Guide Client-health Professional Relationship 1. therapies. 2. 3. Wear uniform with respect and dignity (clean. traditional and innovative approaches. RESPONSIBILITIES OF NURSES TO THEMSELVES 1. 4. therapeutic use of self. and administration of written prescription for treatment. therapeutic and innovative approaches. neat hair style. In case of suturing or perineal laceration. internal examination during labor in the absence of antenatal bleeding and delivery. without jewelries) 5. 4. special training shall be provided according to protocol established. topical and parental medications. but not limited to. oral. Right to Health Care Right to Informed Consent Promise Keeping (Fidelity) Truth-Telling (Veracity) Confidentiality MORAL PRINCIPLES 1. comfort measures. Nursing care includes. 3. 5. Must act in a manner that is worth emulating especially while they are on duty. 5. health teachings. 2. Nurses shall adjust themselves to the organization and know its policies and procedures. The Golden Rule The Two-fold Effect The Principle of Totality Epikia One who acts through an agent is himself responsible No one is obliged to betray himself/herself NFC JUNE 2010 . 4. Develop their own skills.

NFC JUNE 2010 . 4. 2. Plaintiff – the party to a civil suit who brings the suit seeking damages or other legal relief. 5. Definition of Terms 1. Summons – a notice to a defendant ordering him to speak in a court at a specified time and date to answer a complaint against him. who renders first aid or treatment at the scene of an emergency and who does so within the standard of care. The end does not justify the means 8. LAWS AND ORGANIZATIONS PROTECTING NURSES: 1. Nursing Jurisprudence – that department of law which comprises all 4. Jurisprudence – the science of law. 3. 6. Law – the sum total of rules and regulations by which society is governed. 7. The morality of cooperation 14. The greatest good for the greatest number 12. 7. A little more or less does not change the substance of an act 11. No one is held to the impossible 13.9 7. 3. International Labor Organization Convention 149 ILO Recommendation 1977 International Council of Nurses Code of Ethics for Nurses Magna Carta for Health Workers (RA 7305) Philippine Nursing Law Philippine Constitution JURISPRUDENCE A. is relieved of the consequences of the act. the legal rules and principles affecting the practice of nursing. (In civil suit) the party against whom suit is brought demanding that he pays the other party legal relief. acting in good faith. no justice is done to him/her 10. therefore. Defects of nature may be corrected 9. Subpoena – a court order requiring one to appear in court to give testimony. Principle relating to the origin and destruction of life 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 half-dead. A nurse. complainant. It also includes the interpretation of all these rules and principles and their application to the regulation of the practice of nursing. (ACCUSER) Defendant – (In criminal case) the person accused of committing a crime. 2. 6. 5. If one is willing to cooperate in the act.

Exercise of powers and duties to examine applicant and administer the law regulating the profession. as a permanent system of political and juridical government. extent and degree of every crime and adjusts to it the adequate and necessary penalty. 1. CLASSIFICATION OF LAWS: A. Groups of Human Law 1. which relate to matters subordinate to such constitution.law that relates the constitution. 3. NFC JUNE 2010 . Principal – a person who takes direct part in the execution of the act. Public Law – department of law which is concerned with the state in its political or sovereign capacity. It is a law that applies generally to people of the state adopting or enacting it. Jurisdiction – the legal right or authority of a court to hear and decide on a legal case or controversy.1 Criminal Law – treats the nature. 11. Illegal practice of unregistered persons. 12. According to Source of Authority 1. 1. 14. Legislation – the act or process of making laws.1 Public International Law – control the conduct of independent state in their relation to each other. 5. Aspects of the Profession with Provisions with Provisions of the Law: 1.2. Maintenance of ethical and technical standards of the profession. 10.2 International Law – the law which regulates the intercourse of nations 1. 13. Witness – one who is called to give testimony in a court of law.1 Constitutional Law . Accomplice .2. Examination and registration of applicants. 4. as distinguished from statutory and common law. Human Law – laws authored by men B. Divine Law – laws authored by God 2. Legal Right – a right or claim which can be enforced by legal means against the person of the community.3. Professional conduct of practitioners. 1. 2.those people who not being principals.2 Private International Law – conflict law 1. cooperate in execution of the offense by previous simultaneous acts. 9.3 Political Law – Threats the science of politics (Government) Regulates the relation between the state and individuals that compose it. 1. Felony – a crime of a serious nature usually punishable for a period of longer than one year or by death.10 8.

ethical and technical standards in nursing profession. 2808 dated March 1. 1. 1.4. It consists of two sections: a. Issue and revoke certificates of registration for practitioners of the nursing profession. Sec. Study the conditions affecting the practice of the nursing profession in all parts of the Philippines.11 1. 2. b. This is also an act that provides for the examination and registration of nurses in the Philippines. 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). until the proper certificate of registration has been obtained. 3.3.2 Commercial Law – relates to the rights of property and the relations of persons engaged in commerce.3 Law of Public Administration 1. Sec. 1.4.3.1 Civil Law – organizing the family and regulating property. 8 – states that it shall be unlawful for any person to practice as a nurse in any of its branches in the Phil. 7 – states that every person desiring to practice nursing in the Philippines shall apply to the Director of Health for a Certificate of registration as a nurse. 2493 dated February 5. Significance of this Law • The first board of examinees for nurses was created composed of three members appointed by the Secretary of Interior (one doctor of medicine as chairman and two members who are registered nurses.4 Law of Public Corporation 1. had experience in the nursing profession for at least five years of reputable character) The Board has the following powers: 1.3.4 Private Law – law that relates the private matters which do not concern the public at large (Administrative between citizen and citizen) 1. Promulgate regulations governing the nurse examination and standards to be attained. 1915 – The first law affecting the practice of nursing in the Philippines. Republic Act No. 4.2 Administrative Law – the body of rules and regulations and orders and decisions created by administrative agencies of government.4. Exercise the power conferred by the law to maintain efficient. NFC JUNE 2010 .3 Remedial Law – methods of enforcing rights or obtaining redress (correcting the wrong) THE EVOLUTION OF THE PHILIPPINE NURSING LAW Republic Act No.

 July 1977 – Dr. Corazon Aquino “Nursing as a dynamic profession continues to seek ways and means to make it more responsive and relevant. These events laid the foundation for RA 7164 with Senator Heherson Alvarez as primary sponsor. It was finally passed in the lower house and appraisal in November 21. Diamante worked for the decree instituting a professional regulation code and the proposed amendments of the Nursing Law.12 Republic Act No. 1954 – An act declaring the BAR and BOARD OF EXAMINATION as “Civil Service Examniation” Cognizant of the complexities in the Nursing Profession on 1970. The Pres. GM Arroyo during the 80th Anniversary of the Nurses Week celebration on October 21. Dean JV Sutejo and Conchita Ruiz. The following event took place:  1975 – Dean JV Sotejo called on then Pres. The act was sponsored by Sen. Said bill was approved on the third meeting by the low House on August 22. the nursing leader mad steps to re-align the nursing law a tuned times. The purpose is to “regulate the practice of nursing in the Philippines and to set up provisions for the registration of the nurses for the establishment and maintenance of standards of nursing education and practice. 1931 (Reorganization Law) – took effect the conduct of board examination and placed the direct supervision of the Bureau of Civil Service. Geronima Pecson. of the Phil. 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 delivery system (this did not materialized). 4007 dated December 5. Padilla of the House of Representatives. NURSING LAWS PASSED IN JUNE 1950 • • • • RA 465 – standardized the fees charge by the examining board. The counterpart bill in the Senate (SB No. 2292) with Senator Flavier as sponsor. RA 546 – reorganized and placed all the board examinees under the direct supervision of the Pres.  May 13.” RA 1080 dated June 15. The BM and PNA and Legislation Committee worked and put the bill in its final form. RA 877 dated June 19. 1982 – Coping of the propose amendment of the Philippine Nursing Act of 1982 was submitted to health minister Azurin for him to sponsor at Batasan Pambansa. 2002 in Manila Midtown Hotel. 2000 but was not acted upon by the Senate. 1991 by Pres. Carlos M. R. 1953 – was enacted as an entirely new law created by the Filipino Nurses associated (NOW PNA) namely: Ms. NFC JUNE 2010 . Obdulia Kabigting as chairman. This is the prime motive for the birth of RA 9173 – sponsored by Hon.

2002 – an act providing for a more responsive nursing profession repealing for the purpose RA # 7164. otherwise known as the Philippine Nursing Act of 1991. NFC JUNE 2010 .13  RA 9173 October 21.

425. Malpractice – The ideas of improper or unskillful care of a patient by a nurse. 5. Existence of duty on the part of the person charged to use due care under circumstances. False Statement – an allegation or statement that is deceitful with intention to commit a fraud. Deceit – any act. Declaration or practice which misleads a person or which causes him to believe what is false. denotes stepping beyond one’s authority with serious consequences. Failure to meet the standard of due care. legal qualifications or fitness to discharge the required duty. Second Regular Session – Board of Nursing Resolution No. 2. 6. duty. 4. It is the term for negligence or carelessness of professional personnel. that a reasonably prudent person in the same or similar circumstance would or would not do. NFC JUNE 2010 . 3. Utilization and Development (Article VII)  Penal and Miscellaneous Provisions (Article VIII)        Reference for RA 9173 – Primer of RA 9173. an act resulting from a willful act to deceive.14 PHILIPPINE NURSING LAW (RA 9173) Title of the law and its provision (Article I) Declaration of Policy (Article II) Organization of the Board of Nursing (Article III) Examination and Registration (Article IV) Nursing Education (Article V) Nursing Practice (Article VI) Health Human Resources Production. Fraud – a wrong doing or misconduct. Elements of Professional Negligence 1. rules of common honesty. Ignorance – means want of knowledge. Moral Turpitude – an act of baseness. Twelfth Congress. deceitful practice. The foreseeability of harm resulting from failure to meet the standard. vileness or depravity in social or private duties. 3. pursuant to a 2. ELEMENTS INVOLVED IN LEGAL LIABILITY: 1. The fact that the breach of this standard resulted in an injury to the plaintiff. and acting or non-acting of which is the proximate cause of injury to another person or his property. PROFESSIONAL NEGLIGENCE A. Series of 2003. Implementing Rules and Regulation of the Philippine Nursing Act of 2002. Incompetence – the lack of ability. Negligence – refers to the commission or omission of an act. 8. 4. 7.

3. Criminal Act b. Captain of the Ship Doctrine 5. Res Ipsa Loquitor – three conditions are required to establish a defendant’s negligence without proving specific conduct. Doctrine of Respondeat Superior – “let the master answer for the acts of the subordinate. Evil/ Criminal Intent • • • • Conspiracy to commit a crime Criminal Actions Criminal Negligence Criminal Intent NFC JUNE 2010 . 2. Doctrine of Force Majeure . Crimes – an act committed or omitted in violation of the law. 4. Assault – the imminent threat of harmful or offensive bodily contact. committed against a person or property independent of a contract which renders the person who commits it liable for damages in a civil action. 2. Five Legal Doctrines to Describe Professional Negligence 1. ridiculed or held in contempt or tend to injure him in his work. Elements of Criminal Offenses: a. 2.” 4.15 B. cartoons or such representations that cause a person to be avoided. Invasion of Right to Privacy and Breach of Confidentiality 5. MISDEMEANORS AND FELONIES 1. False Imprisonment or Illegal Detention – means the unjustifiable detention of a person without a legal warrant within boundaries fixed by the defendant by an act or violation of duty intended to result in such confinement. unconsented touching of another person. Defamation • Slander – oral defamation of a person by speaking unprivileged or false words by which his reputation is damaged. 3. • Libel – defamation by written words. Examples of Torts: 1.means an irresistible force. Battery – an intentional. CRIMES. Doctrine of Corporate Liability TORTS – a legal wrong. one that is unforeseen or inevitable.

B. Infanticide – the killing of a child less than three (3) days of age.000. 4. Murder – the unlawful killing of a human being with intent to kill.00). Abortion – the expulsion of the product of conception before the age of viability. with the exception of those committed against a person or property. NFC JUNE 2010 . and does not perform all the acts or execution which shall produce the felony. Attempt – when the offender commences the commission of the same directly overt (open or manifest) acts. Homicide – the killing of a human being by another. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 1. do not produce it by reason of causes independent of the will of the perpetrator. or 2.000. Frustrated – when the offender performs all the acts or execution which 1. This is punishable only when they have been consummated. 2. Justifying Circumstances Exempting Circumstances Mitigating Circumstances Aggravating Circumstances Alternative Circumstances CRIMES WHICH CONCERNS NURSES 1. According to Degree of Punishment: 1. Less Grave Felonies – those which the law punishes with penalties which in their maximum period are correctional (imprisonment ranging from one month and one day to six (6) years. 2. According to Degree of the acts of Execution: accomplishment are present. Giving assistance to suicide Illegal Detention – unlawful taking of a person or property as in the case of forcible entry or detention. 6. or any of his/her ascendants or descendants of his/her spouse. 4. or a fine not exceeding P6. 3. Parricide – a crime committed by one who kills his/her father.16 CLASSIFICATION OF FELONY: A. 5. mother.00 or both of which are imposed). 3. by reason of some cause or accident other than his own spontaneous desistance. Light Felonies – those infractions of law for the commission of which the penalty of arresto menor (imprisonment for one (1) day to thirty (30) days or a fine not exceeding P200.00 but not less than P200. 3. 5. 7. 3. Grave Felonies – those to which the law attaches the capital punishment (death) or penalties which in any of their periods are afflictive (imprisonment ranging from six (6) years and one (1) day to life imprisonment not exceeding P6. Consummated – when all the elements necessary for its execution and will produce the felony as a consequence but which nevertheless. child whether legitimate or illegitimate.00). 2.

Berman and Snyder Fundamentals of Nursing: Concepts. Lydia M. Erb. DOH Nursing Service Manual. 30. Be very familiar with the Philippine Nursing Law. 2. E. regulations and policies. FPCHA and Ronald M. 9. At the start of employment. 3. S. from which material damage results immediately.  Simple Imprudence – when the person or nurse did not use precaution and the damage was immediate or the impending danger was not evident or manifest. 2007 3. Commission on Higher Education CHED Memorandum Order (CMO) no.. PhD. RN. Do not delegate your responsibility to others. C&E Publishing Corp.. get a copy of your job description. 2005 4. S. Upgrade your skills and competence. 14. Contracts Informed Consent Wills Nursing Care Operation of Patients Abortion Cases Unauthorized Discharge of Patient Points to Observe by Nurses in Order to Avoid Criminal Liability 1. 5. 2009 6. C&E Publishing Corp. or abandonment of a legitimate child. Legal Responsibilities of Nurses into the Following Areas: A. MAN. C&E Publishing Corp.17 8. Accept only such responsibility that is within the scope of your employment and job description. Beware of laws affect nursing practice. Kozier. Venzon. Venzon Professional Nursing in the Philippines 11th Edition. De Belen and Donna Vivian De Belen Nursing Law. B. D. Criminal Negligence  Reckless Imprudence – when a person does an act or fails to do it voluntarily but without malice. C. 4. 2010 10th Edition. Rustico T. Simulation of birth. substitution of one child for one another. the agency’s rules. REFERENCES: 1. Commission on Higher Education CHED Memorandum Order (CMO) no. Process and Practice 8th Edition. 6. 2001 NFC JUNE 2010 . 2005 2. Jurisprudence & Professional Ethics 1st Edition. G.. F. C&E Publishing Corp 5.

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