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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week 2

CHAPTER 1: NURSING AS A PROFESSION


Mr. Andre de Veyra | March 24, 2022

OUTLINE: 9. It must recognize its obligations to society by


I. DEFINITION OF A PROFESSION insisting that its members live up to an
II. ELEMENTS OF A PROFESSION established code of ethics.
III. CRITERIA OF A PROFESSION • Other criteria of a Profession
IV. DEFINITION OF A PROFESSIONAL NURSE o Autonomy
V. MEANING OF A PROFESSIONAL NURSE ▪ no other profession can dictate you.
VI. QUALIFICATIONS AND ABILITIES OF A ▪ There is a dependent nursing intervention
PROFESSIONAL NURSE in nursing that requires a doctor's order.
VII. BASIC EDUCATIONAL PROGRAM IN NURSING But when it comes to decision-making, the
VIII. REFERENCES nurse has to do it, so it's independent.
o Code of Ethics
LEGEND:
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▪ It must have sufficient self-impelling power
to retain its members throughout life.
o Educational Training
DEFINITION OF A PROFESSION o Nursing Science
• “An occupation or calling requiring advanced training o Service to Society
and experience in some specific or specialized body o Caring
of knowledge which provides service to society in ▪ One characteristic of nursing as a
that special field.” – Webster’s Dictionary profession which is not found in any other
• Nursing is an occupation requiring a unique body of profession.
knowledge and skills and which serves society. • Flexner and other authors herein cited, describe the
qualities of a profession as follows:
ELEMENTS OF A PROFESSION 1. A profession applies its body of knowledge in
• Education practical services that are vital to human welfare,
o You could not become a proper professional or and especially suited to the tradition of seasoned
join a profession if you did not receive proper practitioners shaping the skills of newcomers to
education. the role.
• Nursing Science 2. It constantly enlarges the body of knowledge it
o A specialized body of knowledge uses and subsequently imposes on its members
o We base our practice in theories and principles. a lifelong obligation to remain current in order to
• Service “do no harm.”
o Rendering service to the society 3. A profession functions autonomously (with
authority) in the formulation of professional
CRITERIA OF A PROFESSION policy and in monitoring its practice and
• Following are the criteria of a profession according practitioners.
to William Shepard: 4. It utilizes in its practice a well-defined and well-
1. A profession must satisfy an indispensable organized body of knowledge that is intellectual
social need and must be based upon well in nature and describes its phenomena of
established and socially accepted scientific concern.
principles. 5. A profession has a clear standard of educational
2. It must demand adequate pre-professional and preparation for entry into practice.
cultural training. 6. A profession is distinguished by the presence of
3. It must demand the possession of a body of specific culture, norms, and other values that are
specialized and systematized training. common among its members.
4. It must give evidence of needed skills which the • Genevieve K. and Roy W. Bixler also state that a
public does not possess; that is, skills which are profession
partly inherent and partly acquired. 1. Utilizes in its practice a well-defined and well-
5. It must have developed a scientific technique organized body of specialized knowledge which
which is the result of tested experience. is on the intellectual level of higher learning;
6. It must require the exercise of discretion and 2. Constantly enlarges the body of knowledge it
judgement as to time and manner of the uses, and improves its techniques of education
performance of duty. This is in contrast to the and service by the use of scientific method;
kind of work which is subject to standardization 3. Entrusts the education of its practitioners to
in terms of unit performance or time element. institutions of higher education;
7. It must have a group of consciousness designed 4. Applies its body of knowledge in practical
to extend scientific knowledge in technical services which are vital to human and social
language. welfare;
8. It must have sufficient self-impelling power to 5. Functions autonomously in the formulation of
retain its members throughout life. It must not be professional policy and in the control of
used as a mere stepping stone to other professional activity;
occupations. 6. Attracts individuals of intellectual and personal
qualities who exalt service above personal gain
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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week 2
CHAPTER 1: NURSING AS A PROFESSION
Mr. Andre de Veyra | March 24, 2022

and who recognize their chosen occupation as a examination during labor in the
life work; and absence of antenatal bleeding and
7. Strives to compensate its practitioners by delivery.
providing freedom to act on opportunity for In case of suturing of perineal laceration,
continuous professional growth, and economic special training shall be provided according
security. to protocol established;
(b) Establish linkages with community
DEFINITION OF A PROFESSIONAL NURSE resources and coordination with the health
• A professional nurse is a person who has completed team;
a basic nursing education program and is licensed in (c) Provide health education to individuals,
his\her country or state to practice professional families and communities;
nursing. (d) Teach, guide and supervise students in
nursing education programs including the
MEANING OF A PROFESSIONAL NURSE  administration of nursing services in
• The Philippine Nursing Act of 1991 (R.A. 7164) has varied settings such as hospitals and
been replaced by the Philippine Nursing Act of clinics;
2002 (R.A. 9173).  undertake consultation services;
o Note the changes in the scope of nursing  engage in such activities that require
practice. the utilization of knowledge and
decision-making skills of a registered
Article VI Nursing Practice nurse;
• SEC. 28. Scope of Nursing (e) undertake nursing and health human
o A person shall be deemed to be practicing resource development training and
nursing within the meaning of this Act when research, which shall include, but not limited
he/she singly or in collaboration with another, to, the development of advanced nursing
initiates and performs nursing services to practice;
individuals, families and communities in any
health care setting. QUALIFICATIONS AND ABILITIES OF A
o It includes, but is not limited to, nursing care PROFESSIONAL NURSE
during conception, labor, delivery, infancy,
childhood, toddler, pre-school, school age, A. Professional preparation
adolescence, adulthood and old age. • The professional Nurse must:
o As independent practitioners, nurses are 1. Have a license to practice nursing in the
primarily responsible for the promotion of health country.
and prevention of illness. 2. Have a Bachelor of Science degree in Nursing;
o As members of the health team, nurses shall and
collaborate with other health care providers for 3. Be physically and mentally fit.
the curative, preventive, and rehabilitative
aspects of care, restoration of health, alleviation B. Personal Qualities and Professional
of suffering, and when recovery is not possible, Proficiencies:
assistance towards a peaceful death. • The personal qualities and professional proficiencies
▪ Rehabilitation - In nursing, it talks about of a nurse include:
maximizing what is left in the patient\client— 1. Interest and willingness to work and learn with
for example, teaching an amputated patient individuals/ groups in a variety of setting;
to use a walker, crutches, or wheelchair. 2. A warm personality and concern for people;
Whereas, when recovery is not possible, we 3. Resourcefulness and creativity as well as well-
assist the client to a peaceful and dignified balanced emotional condition.
death. 4. Capacity and ability to work cooperatively with
o It shall be the duty of the nurse to: others;
(a) Provide nursing care through the utilization 5. Initiative to improve self and service;
of the nursing process. Nursing care 6. Competence in performing work through the
includes, but is not limited to, use of the nursing process;
 traditional and innovative approaches, 7. Skill in decision-making, communicating, and
 therapeutic use of self, relating with others and being research
 executing health care techniques and oriented; and
procedures, 8. Active participation in issues confronting nurses
 essential primary health care, and nursing.
 comfort measures,
 health teachings, and BASIC EDUCATIONAL PROGRAM IN NURSING
 administration of written prescription for • Until 1983, there was only one basic educational
treatment, therapies, oral, topical and program in nursing – the four-year collegiate degree
parenteral medications, internal
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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week 2
CHAPTER 1: NURSING AS A PROFESSION
Mr. Andre de Veyra | March 24, 2022

program leading to the Bachelor of Science in


Nursing.
• The basic three-year hospital-based program
leading to the title Graduate in Nursing was phased
out.
• It is to be noted, however, that revision of this
program continues as seen fit by the
o Council of Deans,
o the Philippine College of Nursing,
o the Commission on Higher Education, and
o nursing practitioners.
• Colleges may also add courses that will enrich their
curriculum (Appendix I).
• However, effective School Year 1998-1999, the
curriculum for common two-year Associate in Health
Science Education (ASHE) was enforced.
• The current BSN curriculum is under CHED
Memorandum Order No. 15 or CMO No. 15
• Overall, the BSN program intends to produce a
professional nurse who demonstrates the following
behaviors.
1. Caring behavior (compassionate, competent
and committed);
2. Ability to practice legal, ethico-moral, social
responsibilities/ accountabilities;
3. Critical and creative thinking; and
4. Skill in practicing S-K-A and values for the
promotion of health, prevention of illness,
restoration of health, alleviation of suffering;
assisting clients to face death with dignity and
in peace.
o S-K-A - Skills, Knowledge, and Attitude.
Which are very much needed

END OF TRANSCRIPTION

REFERENCE
• Professional Nursing in the Philippines twelfth edition
by Lydia M. Venzon and Ronald M. Venzon

HEADING 1

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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #2
LICENSE TO PRACTICE NURSING
Mr. Andre De Veyra | March 24, 2022

OUTLINE: DEFINITON OF REGISTRATION


I. DEFINITION OF LICENSE  Registration is the recording of names of persons
A. Need for Licensure who have qualified under the law to practice their
II. DEFINITION OF REGISTRATION respective professions.
A. Registration Required  Nurses' names are recorded in a registry or
III. REGISTRATION BY RECIPROCITY registration book which contains the following
IV. REGISTRATION BY EXAMINATION information:
A. Examination and Registration 1. Full name of registrant;
B. Requirements for Registration 2. Number and date of registration;
C. Fees for Examination and Registration 3. Age, sex and place of birth;
D. Scope of Examination 4. Place of business;
E. Citizenship Requirements 5. Post office address;
F. Rating of the Nursing Licensure Examination 6. Name of school, college or university from which
V. OATH TAKING OF NURSES he or she graduated or in which he or she has
A. Issuance of Certificate of Registration/Professional studied;
License and Professional Identification Card 7. Date of such graduation or term of study,
VI. ANNUAL REGISTRATION together with the time spent in the study of the
VII. REVOCATION OR SUSPENSION OF CERTIFICATES profession elsewhere, if any; and
OF REGISTRATION 8. All other degrees granted to him or her from
VIII. RE-ISSUANCE OF REVOKED CERTIFICATES other institutions of learning.
A. Prohibitions in the Practice of Nursing  A certificate of registration is issued by the PRC to
IX. DUE PROCESS OF LAW show such qualification.
X. FUNDAMENTAL REQUIREMENTS OF DUE
PROCESS
Registration Required
XI. ABBREVIATIONS
XII. REFERENCES
 Under the Philippine Nursing Act of 2002, R.A. 9173,
Sections 12 and 20 state that license to practice
LEGEND: nursing shall be issued to those who pass the
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licensure examination or by reciprocity.

REGISTRATION BY RECIPROCITY (R.A. 9173, SEC.


DEFINITION OF LICENSE 20)
 A license is a legal document given by the  Reciprocity means mutuality in the grant and
government that permits a person to offer to the enjoyment of privileges between persons or nations.
public his or her skills and knowledge in a particular  As applied to the professions, it is a relation
jurisdiction, where such practice would otherwise be established by law, treaty or agreement between two
unlawful without a license. countries or states, whereby each country or state
 The license to practice nursing is granted by the grants to citizens of each other, the privilege of being
appropriate authority to applicants or candidates who admitted to the practice of the profession within their
have fulfilled certain established requirements. Such respective territorial jurisdictions.
a license permits the nurse to practice within the  Reciprocity is based on the principle of "do ut des"
country or state and gives him/her the privilege of which means that for a country to expect a favor from
representing herself/himself as a licensed nurse. another, it should be willing to give a corresponding
 The appropriate authority to administer, implement, favor.
and enforce the regulatory policies of government  SEC. 20. Registration by Reciprocity
with respect to the regulation and licensing of the o A certificate of registration/ professional license
various professions and occupations under its may be issued without examination to nurses
jurisdiction is the Professional Regulation registered under the laws of a foreign state or
Commission (PRC). country: Provided, That the requirements for
registration or licensing of nurses in said country
Need for Licensure are substantially the same as those prescribed
 The primary purpose of registration is to protect the under this Act.
health of the people by establishing minimum o Provided, further, That the laws of such state or
standards which qualified practitioners must meet. country grant the same privileges to registered
 Licensure discourages certain persons who may be nurses of the Philippines on the same basis as
tempted to misrepresent themselves as nurses. the subjects or citizens of such foreign state or
 It is the most important tool for legal control and country. Specifically, these provisions are
enforcement of nursing practice. explained thus:
 It is also used to gather statistical data about nurses 1. Nurses registered in the Philippines
and nursing in the country. desiring to practice in said foreign state or
country are granted under its laws the same
privileges as those accorded to its subjects

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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #2
LICENSE TO PRACTICE NURSING
Mr. Andre De Veyra | March 24, 2022

or citizens and as are enforced by them. REGISTRATION BY EXAMINATION


Proof of such reciprocity may be verified
from the Department of Foreign Affairs; Examination and Registration
2. The applicant is a nurse registered under  SEC. 12. Licensure Examination
the law of her/his state or country; o All applicants for registration as a nurse and
3. The requirements for registration or issuance of a certificate of registration and
licensing of nurses in a foreign country or professional identification card to practice
state where the applicant is registered as nursing shall be required to pass a written
nurse are substantially the same as those examination which shall be given by the Board in
prescribed under this Act; and such places and dates as maybe designated by
4. The applicant has resided in the Philippines the Commission. Such examination must be in
for at least three consecutive years as accordance with and fully compliant with RA No.
provided by R.A. 5181. 8981.
5. Applicants for registration as nurses by  SEC. 13. Qualifications for Admission to the
reciprocity shall present to the Board of Licensure Examination.
Nursing a properly completed application o In order to be admitted to the examination for
on the prescribed form, together with their nurses, an applicant must, at the time of filing
respective certificates of registration as his/her application, establish to the satisfaction
nurse granted by their state or country. In of the Board that he or she:
addition, the following shall be attached: (a) Is a citizen of the Philippines, or a citizen or
a. A certification from the Commission on subject of a country which permits Filipino
Immigration and Deportation stating nurses to practice within its territorial limits on
that they have been residents of the the same basis as the subject or citizen of such
Philippines for at least three (3) years country: Provided, That the requirements for the
prior to registration; registration or licensing of nurses in said country
b. A copy of the law or petition thereof are substantially the same as those prescribed
showing reciprocal practice with the in this Act;
Philippines; and (b) Is of good moral character; and
c. A copy of their officially approved (c) Is a holder of a Bachelor's Degree in Nursing
Bachelor of Science in Nursing from a college or university that complies with
curriculum. the standards of nursing education duly
 SEC. 21. Practice Through Special/Temporary recognized by the proper government agency.
Permit
o A special temporary permit may be issued by the Requirements for Examination
Board to the following persons subject to the  For purposes of applying for the nursing licensure
approval of the Commission and upon payment examination, the following documents are required of
of the prescribed fees: each applicant:
(a) Licensed nurses from foreign 1. Original transcript of records with Special Order
countries/states whose service are either from the Department of Education, Culture and
for a fee or free if they are internationally Sports unless he/ she is a graduate of a Level I
well-known specialists or outstanding accredited nursing program;
experts in any branch or specialty of 2. For state colleges and universities, original
nursing; transcript of records with date of graduation;
(b) Licensed nurses from foreign 3. Record of actual related learning experiences for
countries/states on medical mission whose the entire Bachelor of Science in Nursing
services shall be free in a particular program duly signed by the Chief Nurse of the
hospital, center or clinic; and hospital or her duly authorized representative in
(c) Licensed nurses from foreign addition to that of the Dean of the nursing school
countries/states employed by and the clinical instructor;
schools/colleges of nursing as exchange 4. Actual number of operating room scrubs and
professors in a branch or specialty of deliveries assisted, signed by the Chief Nurse or
nursing; her duly authorized representative in addition to
Provided, however, That the special/temporary that of the Dean of the nursing school and the
permit shall be effective only for the duration of clinical instructor;
the project, medical mission or employment 5. Where applicable:
contract. a. Birth Certificate,
b. Marriage Certificate,
c. Alien Certificate of Naturalization, and
d. Clearance showing dismissal of case from
the Court or Prosecutor's Office, if any.
 The application form, together with the requirements,
should be filed at the Professional Regulation
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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #2
LICENSE TO PRACTICE NURSING
Mr. Andre De Veyra | March 24, 2022

Commission ten (10) days prior to the first day of the  In jus sanguinis doctrine, the nationality of a person
examination. is determined by the law of his descent or parentage;
the child follows the citizenship of his father.
Fees for Examination and Registration  In jus soli doctrine, the nationality of a person is
 Applicants for licensure and for registration shall pay determined by the law of the place of his birth; the
the prescribed fees set by the Commission. child born in a foreign country, whatever may be the
citizenship of the father, is a citizen of that country.
Scope of Examination  Naturalization is the act of adopting a foreigner and
 SEC. 14. Scope of Examination. giving him the privileges of a native citizen.
o The scope of the examination for the practice of
nursing in the Philippines shall be determined by Rating Of the Nursing Licensure Examination
the Board.  SEC. 15. Ratings
o The Board shall take into consideration the o In order to pass the examination, an examinee
objectives of the nursing curriculum, the broad must obtain a general average of at least
areas of nursing, and other related disciplines seventy-five percent (75%) with a rating of not
and competencies in determining the subjects of below sixty percent (60%) in any subject. An
examinations. examinee who obtains an average rating of
o Since May 1994, an integrated comprehensive seventy-five percent (75%) or higher but gets a
nursing licensure examination has been rating below sixty percent (60%) in any subject
designed to better measure the level of must take the examination again but only in the
competence or proficiency rather than the subject or subjects where he/she is rated below
compartmentalized subject area examination. sixty percent (60%). In order to pass the
o It cuts across clinical nursing areas where succeeding examination, an examinee must
examines answer questions that necessitate obtain a rating of at least seventy-five percent
recognition and understanding of concepts, (75%) in the subject or subjects repeated.
theories, and principles as well as the skills and  Renewal examination shall be taken within two
attitudes involved in a given test problem years after the last failed examination.
situation.  Reconsideration of Ratings. Requests for
o It draws knowledge from the five broad areas of reconsideration of ratings may be entertained only on
nursing – Fundamentals of Nursing; Maternal grounds of mechanical, clerical, or clear errors; or if it
and Child Nursing; Community Health Nursing; is conclusively shown that there had been
Nursing of Adolescents, Adults, and Aged; and malfeasance in the rating of papers. Such requests
Mental Health and Psychiatric Nursing, including should be filed with the Commission within ninety (90)
Physiology and Anatomy, Pharmacology and days from the date of the official release of the
Therapeutics, Microbiology and Diet Therapy. examination results. It is only after the review of the
o The examination shall be divided into four parts test papers that the examine shall file the request for
organized around four major goals in nursing: reconsideration in accordance with the aforecited
promotive, preventive, curative, and provision.
rehabilitative.
OATH-TAKING OF NURSES
Citizenship Requirements  All successful candidates in the examination shall be
 The following are citizens of the Philippines as per required to take an oath of profession before the
Article IV Section 1-5 of the 1987 Philippine Board or any government official authorized to
Constitution: administer oaths prior to entering the nursing
o Section 1 practice.it
(1) Those who are citizens of the Philippines at  The schedule of mass oath-taking (date and place)
the time of the adoption of this Constitution. is within fifteen days upon the release of the results
(2) Those who elect Philippine citizenship of the licensure examination, which is included in a
pursuant to the provisions of the press release issued by the Professional Regulation
Constitution of 1935. Commission.
o Section 2. A female citizen of the Philippines  The professional oath includes a pledge to support
who marries an alien shall retain her Philippine and defend the Constitution, bear true faith and
citizenship, unless by her act or omission she is allegiance to the same, obey the laws, legal orders
deemed, under the law, to have renounced her and decrees promulgated by the duly constituted
Citizenship. authorities of the Philippines and adherence to the
o Section 3. The Philippine citizenship may be lost ethical and professional standards of nursing.
or re-acquired in the manner provided for by law.  The Commission, during the mass oath-taking, is
o Section 4. A natural-born citizen is one who is a assisted by the accredited professional organization.
citizen of the Philippines from birth without At this time, the nurses are inducted as new
having to perform any act to acquire or perfect members of their professional organization.
the Philippine citizenship.

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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #2
LICENSE TO PRACTICE NURSING
Mr. Andre De Veyra | March 24, 2022

Issuance of Certificate of Registration/Professional  Provided, however, That the suspension of the


License and Professional Identification Card certificate of registration/professional license shall
 A certificate of registration/professional license as a be for a period not exceeding four (4) years.
nurse shall be issued to an applicant who passes the
examination upon payment of the prescribed fees. RE-ISSUANCE OF REVOKED CERTIFICATES
Every certificate of registration/ professional license  SEC. 24. Re-issuance of Revoked Certificates and
shall show the full name of the registrant, the serial Replacement of Lost Certificates
number, the signature of the Chairperson of the o The Board may, after the expiration of a
Commission and of the Members of the Board, and minimum of four (A) years from the date of
the official seal of the Commission. revocation of a certificate, for reasons of equity
and justice and when the cause for revocation
ANNUAL REGISTRATION has disappeared or has been cured and
 Every practicing professional or practitioner of the corrected, upon proper application therefor and
occupations regulated by the Professional the payment of the required fees, issue another
Regulation Commission shall pay a fee for three (3) copy of the certificate of registration/professional
years which shall be paid on the professional's birth license. A new certificate of
month. registration/professional license to replace a
 Should a professional fail to pay the annual certificate that has been lost, destroyed or
registration fee on his/her birth month on the expiry mutilated may be issued, subject to the rules of
year that it is due, a surcharge of twenty percent shall the Board.
be charged and for each calendar year thereafter  Suspension means that the nurse is not allowed to
that payment has not been made. practice temporarily until final judgment of the case
 If after a lapse of five continuous years from the year against him or her is rendered. The license is not
it was last paid the annual registration fee has never confiscated.
been paid, the delinquent's certificate of registration  On the other hand, revocation means that the
shall be considered suspended and the practitioner's license to practice is confiscated either temporarily or
name shall be dropped from the annual roster for not permanently.
having been in good standing.
 The professional may be reinstated only upon Prohibitions in the Practice of Nursing
application and payment of the required fee provided  A fine of not less than fifty thousand pesos
for registration as nurse without examination. (P50,000.00) nor more than one hundred thousand
pesos (P100,000.00) or imprisonment of not less
REVOCATION OR SUSPENSION OF CERTIFICATES than one (1) year nor more than six (6) years, or both,
OF REGISTRATION upon the discretion of the court, shall be imposed
 As provided by the Philippine Nursing Act of 2002 upon:
R.A.9173, Section 23, the Nursing Board of the (a) Any person practicing nursing in the
Professional Regulation Commission shall have the Philippines within the meaning of this Act:
power to revoke or suspend the certificate of (1) Without a certificate of
registration/professional license or cancel the registration/professional license and
special/temporary permit of a nurse upon any of the professional identification card or special/
following grounds; temporary permit or without having been
(a) For any of the causes mentioned in Section declared exempt from examination in
22 of RA 9173; accordance with the provision of this Act; or
(b) For unprofessional and unethical conduct; (2) Who uses as his/her own certificate of
(c) For gross incompetence or serious registration/ professional license and
ignorance; professional identification card or special
(d) For malpractice or negligence in the temporary permit of another; or
practice of nursing; (3) Who uses an invalid certificate of
(e) For the use of fraud, deceit, or false registration/ professional license, a
statements in obtaining a certificate of suspended or revoked certificate of
registration/professional license or a registration/professional license, or an
temporary/special permit; expired or cancelled special/temporary
(f) For violation of this Act, the implementing permit; or
rules and regulations, Code of Ethics for (4) Who gives any false evidence to the Board
Nurses and Code of Technical Standards in order to obtain a certificate of
for nursing practice, policies of the Board registration/professional license, a
and the Commission, or the conditions and professional identification card or special
limitations for the issuance of the permit; or
temporary/special permit; or (5) Who falsely poses or advertises as a
(g) For practicing his/her profession during registered and licensed nurse or uses any
his/her suspension from such practice. other means that tend to convey the

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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #2
LICENSE TO PRACTICE NURSING
Mr. Andre De Veyra | March 24, 2022

impression that he/she is a registered and 5. The right to bail and protection against
licensed nurse; or excessive bail;
(6) Who appends B.S.N./R.N. (Bachelor of 6. The right to presumption of innocence until the
Science in Nursing/Registered Nurse) or contrary is proved;
any similar appendage to his/her name 7. The right to be heard by himself/herself and
without having been conferred said degree counsel;
or registration; or 8. The right to be informed of the nature or the
(7) Who, as a registered and licensed nurse, cause of the accusation against him/her;
abets or assists the illegal practice of a 9. The right to have a speedy, impartial, and
person who is not lawfully qualified to public trial;
practice nursing. 10. The right to meet the witness face to face;
(b) Any person or the chief executive officer of a 11. The right to have a compulsory process to
juridical entity who undertakes in-service secure the attention of witnesses face to face
educational programs or who conducts review and the production of evidence on his/her
classes for both local and foreign examination behalf;
without permit/clearance from the Board and 12. The right against self-incrimination;
the Commission; or 13. The right, when under investigation for the
(c) Any person or employer of nurses who violate commission of an offense, to remain silent and
the minimum base pay of nurses and the to counsel, and to be informed of his/her right;
incentives and benefits that should be 14. The right against the use of force, violence,
accorded them as specified in Sections 32 and threat, intimidation or any other means which
34; or vitiates the free will;
(d) Any person or the chief executive officer of a 15. The right against cruel and unusual
juridical entity violating any provision of this Act punishment;
and its rules and regulations. 16. The right against excessive fines; and
17. The right against double jeopardy.
DUE PROCESS LAW
 Under the Bill of Rights provided in the Constitution
of the Philippines, "no person shall be deprived of END OF TRANSCRIPTION
life, liberty or property without due process of law nor
shall any person be denied equal protection of the
laws." REFERENCES
 The term "due process of law" is defined as a "law  Venzon, L. M., & Venzon, R. M. (2016). Professional
which hears before it condemns, which proceeds Nursing in the Philippines (12th Edition).
upon inquiry and renders judgment only after trial".
o This means that every citizen shall hold his life,
liberty, property and immunities under protection
of the general rule which governs society.
 Due process of law means such exercise of the
powers of the government as the settled maxim of law
permits and sanctions.
 The fundamental requirement of due process of law
is an opportunity for hearing and defense.

FUNDAMENTAL REQUIREMENTS OF DUE


PROCESS
 Following are the fundamental requirements of due
process as provided in Article III Section 14 of the
New Constitution: stating that no person shall be held
to answer for a criminal offense without due process
of law.
 The Constitutional rights of the accused are
enumerated as follows:
2. The accused is presumed innocent until the
contrary is proved;
3. The right to free access to the courts and
adequate legal assistance;
4. The right to remain silent and to have
competent and independent counsel
preferably of his/her own choice. If he/she
cannot afford the services of a counsel, he/she
must be provided one;
PEPITO & PORE Page 5 of 5
NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week # 3
THE LICENSING BOARD
Andre De Veyra | Date (March 24, 2022)

OUTLINE: • Members of the Board are appointed by the


I. POWER TO REGULATE THE PROFESSION President of the Philippines and confirmed by the
II. ORGANIZATION AND COMPOSITION Commission on Appointments. Members of the
A. REGULAR APPOINTMENT Board of Nursing may be appointed by:
B. AD INTERIM APPOINTMENT
C. DOCTRINE OF HOLD-OVER
III.QUALIFICATIONS OF MEMBERS TO THE NURSING
1. REGULAR APPOINTMENT
BOARD
- the PNA (Philippine Nurses Association) certifies
IV. TERM OF OFFICE
for appointment to the Nursing Board of the PRC
V. COMPENSATION
VI. REMOVAL OR SUSPENSION OF BOARD MEMBERS (Professional Regulation Commission), 12
VII. POWERS, FUNCTIONS AND RESPONSIBILITIES OF candidates who possess the required qualifications.
VARIOUS BOARDS (AS PER RA 8981-THE They are ranked accordingly. The list of the 12
MODERNIZATION ACT OF 2000) nominees are forwarded to the Commissioner of the
VIII.ADMINISTRATIVE SUPERVISION OF THE BOARD, PRC for further screening. The commissioner, in
CUSTODIAN OF ITS RECORDS, SECRETARIAT, AND turn, submits the first 6 from the list to the President
SUPPORT SERVICES of the Philippines. The President appoints the board
IX. POWERS AND DUTIES OF THE BOARD member and is confirmed by the Commission on
Appointments.
Administrative Supervision of the Board,
LEGEND:
Black for PowerPoint, red for audio lecture, blue for book 2. AD INTERIM APPOINTMENT
- a board member is appointed in the meantime to fill
in a vacancy or perform the duties of an office during
POWER TO REGULATE THE PROFESSION
• The power to regulate the established professions the absence of the regular.
in the Philippines and to examine the applicants to
practice the same is vested upon the Professional 3. DOCTRINE OF HOLD-OVER
Regulation Commission (PRC). - a member of the Nursing Board is permitted to
• The regulatory power with respect to the nursing continue to exercise the functions of the office after
profession is conferred upon the Professional the end of his/her lawful term until replaced.
Regulatory Board of Nursing. However, PD 223
• SEC 5. Appointment.
has been repealed by RA 8981, "The PRC
Modernization Act of 2000." The Chairperson and six members shall be appointed by
ORGANIZATION AND COMPOSITION the President of the Republic of the Philippines upon the
recommendation of the Commission: Provided, that all
• SEC 4. Composition of the Board. those who will be recommended by the Commission to
the President for appointment shall be duly
• Republic Act 9173, there shall be created a licensed/registered nurses chosen only from among the
Professional Regulatory Board of Nursing, nominees submitted by the accredited professional
hereinafter referred to as the Board, to be organization of nurses in the Philippines to the
composed of a Chairperson and six (6) members,
representing the three areas of nursing: nursing Commission to fill up vacancies. For this purpose, the
education, nursing service, and community following shall strictly be observed/complied with:
health nursing. The Board shall be under the
administrative supervision and control of the a. The Commission shall, before the last year of the
Commission, and as such: term of office of any member, notify and request the
accredited professional organization of nurses in the
a. all records of the Board, including Philippines to submit to the Commission at least
applications for examinations, administrative and
three (3) qualified nominees per vacancy.
other investigative cases conducted by the
Board shall be under the custody of the
Commission; and b. The accredited professional organization of nurses
shall upon receipt of the Commission's request
b. the Commission shall designate the screen and rank qualified nurses only for the purpose
Secretary of the Board and shall provide the and submit three (3) nominees, per vacancy, to the
secretariat and other support services needed by Commission not later than three months before the
the Board to implement the provisions of the said vacancy occurs.
Nursing Act.
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THE LICENSING BOARD
Andre De Veyra | Date (March 24, 2022)

c. The Commission, upon receipt of the list of bachelor of Science in Nursing and/or review program
nominees of the accredited professional organization for the local nursing board examinations;
of nurses in the Philippines, shall rank said nominees
and submit to the President of the Philippines two (2) b. Immediately resign from any office or employment in
nominees, per vacancy, not later than two (2) months the private sector and/in the government or any
before the vacancy occurs, with the request that the subdivision, agency, or instrumentality thereof,
appointment be issued not later than thirty (30) days including government owned and/or controlled
before the scheduled licensure examinations. corporations or their subsidiaries; and

d. Reappointment shall be subject to the provisions


of E.O. No. 496.
c. Not have any pecuniary interest in or administrative
e. The necessary operating procedures to ensure supervision over any institution offering Bachelor of
strict compliance therewith shall be embodied in a Science in Nursing including review classes.
Memorandum of Agreement (MOA) by the
Commission and the accredited professional Pecuniary interest refers to involvement of husband/wife,
organization of nurses. children, brothers/sisters, mother/father in any activity that
will conflict with his/her position in the Board, particularly
QUALIFICATIONS OF MEMBERS TO THE NURSING money matters.
BOARD
TERM OF OFFICE
SEC 6. Qualifications of the Chairperson and Members. • The Chairperson and Members shall hold office for a
period of three (3) years and until their successors
• The Chairperson and members of the Board shall, at shall have been appointed and qualified, provided
the time of their appointment, possess the following that:
qualifications:
a) No Chairperson and Member shall be appointed
a. A natural-born citizen and resident of the and/or reappointed for more than two (2) terms
Philippines; or a period of six (6) years;

b. A member of good standing of the accredited b) Appointment to a vacancy that occurs before the
professional organization of nurses; expiration of the term of office of the
Chairperson/Member shall cover only the
c. A registered nurse and holder of a master's degree unexpired portion of the term of the immediate
in nursing, education, or other allied medical predecessor; and
profession conferred by a college or university duly
recognized by the Government, provided that the c) The Chairperson and Member shall take the
Chairperson and majority of the Members must be proper oath of office prior to the performance of
holders of a master's degree in nursing; his/her duties.

d. Must have at least ten (10) years of continuous • The incumbent Chairperson and Members of the
practice of the profession prior to appointment, the Board shall continue to serve for the remainder of
last five (5) years of which must be in the Philippines; their terms under RA No. 7164 until their
and replacements shall have been appointed by the
President and shall have been duly qualified.
e. Must not have been convicted of any offense
involving moral turpitude. COMPENSATION
• SEC. 7. Compensation of Board Members.
• Membership to the Board shall represent the three • The Chairperson and Members of the Board shall
areas of nursing, namely, nursing education, receive compensation and allowances comparable
nursing service, and community health nursing. to the compensation and allowances received by the
Chairperson and Members of other professional
• Requirements Upon Qualification as Chairperson regulatory boards. They are paid based on the
and Member of the Board. Any person appointed as principle of quantum meruit which means "as much
Chairperson or Member of the Board shall: as they deserve".

a. Immediately resign from any teaching position in any REMOVAL OR SUSPENSION OF BOARD MEMBERS
school, college, university, or institution offering • SEC. 11. Removal or Suspension of Board
Members.
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THE LICENSING BOARD
Andre De Veyra | Date (March 24, 2022)

• The President may remove or suspend any member e) to conduct, through the Legal Officers of the
of the Board after having been given the opportunity Commission, summary proceedings on
to defend himself/herself in a proper administrative minor violations of their respective regulatory
investigation, on the following grounds: laws, including violations of the general
instructions to examinees committed by the
a) continued neglect of duty or incompetence; examinees and render summary judgment
thereon which shall, unless appealed to the
b) commission or toleration of irregularities in Commission, become final and executory
the licensure examination; and after fifteen (150 days from receipt of notice
c) unprofessional, immoral, or dishonorable or judgment or decision;
conduct. f) subject to final approval by the Commission,
to recommend registration without
POWERS, FUNCTIONS AND RESPONSIBILITIES OF examination and the issuance of
VARIOUS BOARDS (AS PER RA 8981-THE corresponding certificate of registration and
MODERNIZATION ACT OF 2000) professional identification card;
• The various professional regulatory boards shall g) after due process, to suspend, revoke or
retain the following functions and responsibilities: reinstate certificate of registration or license
provided by law;
a) to regulate the practice of the professions in h) to prepare, adopt and issue by the syllabi or
accordance with the provisions of their tables of specification of the subjects for
respective professional regulatory laws; examination in consultation with the
b) to monitor the conditions affecting the academe; determine and prepare the
practice of the profession occupation under question for the licensure examinations shall
their respective jurisdictions and when be strictly be within the scope of the syllabus
necessary, adopt such measures as may be or the table of specification of the subject for
deemed proper for the enhancement of the examination, score and rate the examination
profession/occupation and/or the papers with the name and signature of the
maintenance of high professional, ethical Board member concerned appearing
and technical standards and for this purpose thereto, and submit the results in all subjects
the members of the Board duly authorized by duly signed by all members of the Board to
the Commission with deputized employees the Commission within ten (10) days from
of the Commission, may conduct ocular the last day of the examination unless
inspections in the industrial, mechanical, extended by the Commission, determine the
electrical, or chemical plants or appropriate passing general rating in an
establishments, hospitals, clinics, examination if not provided for in the law
laboratories, testing facilities, mines and regulating the profession; and
quarries, other engineering facilities and in i) to prepare an annual report of the
the case of schools, in coordination with the accomplishments of programs, projects and
Commission on Higher Education (CHED) activities of the Board during the year for
c) to hear and investigate cases arising from submission to the Commission after the
violations of their respective laws, the rules close of each calendar year and make
and regulations promulgated thereunder and appropriate recommendations on issues or
their Codes of Ethics and, for this purpose problems affecting the profession to the
may issue summons, subpoena and Commission.
subpoena duces tecum to alleged violators
and/or witnesses to compel their attendance
in such investigations or hearings: Provided, ADMINISTRATIVE SUPERVISION OF THE
That, the decision of the Professional BOARD, CUSTODIAN OF ITS RECORDS,
Regulatory Board shall, unless appealed to SECRETARIAT, AND SUPPORT SERVICES
the Commission, become final and statutory
after fifteen (15) days from receipt of notice
of judgement or decision;
• The Board shall be under the administrative
d) to delegate the hearing or investigation of
supervision of the Commission. All records of the
the administrative cases filed before them
Board, including applications for examinations,
except in cases where the issue or question
administrative and other investigative cases
involved strictly concerns the practice of the
conducted by the Board shall be under the custody of
profession or occupation, in which case, the
the Commission. The Commission shall designate
hearing shall be prescribed over by at least
the Secretary of the Board and shall provide the
one (1) member of the Board concerned
secretariat and other support services to implement
assisted by a Legal or Hearing Officer of the
the provisions of the Act.
Commission;

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THE LICENSING BOARD
Andre De Veyra | Date (March 24, 2022)

decision as may be necessary for the improvement


of nursing practice, advancement of the
POWERS AND DUTIES OF THE BOARD profession, and for the proper and full enforcement
of the provision of the “Philippine Nursing Act
2002” ;
SEC 11. Powers, Duties, Functions and i. Submit an annual report to the Commission at the
Responsibilities of the Board of Nursing close of its calendar year giving detailed account
of its proceedings and the accomplishments during
the year and making recommendations for the
• The Board shall supervise and regulate the practice
adoption of measures that will upgrade and
of the nursing profession in the Philippines. As such
improve the conditions affecting the practice of the
pursuant to the provisions of R.A. No. 9173and R.A.
nursing profession; and
No. 8981, otherwise known as “PRC Modernization
j. In coordination with the accredited professional
Act of 2002”, the Board shall have the following
organization and appropriate government and
specific powers, functions, duties and
private agencies, initiate, undertake and conduct
responsibilities:
studies on health, human research production and
a. Conduct the licensure examination for nurses;
utilization and development.
b. Issue, suspend or revoke certificates of registration
for the practice of nursing;
c. Monitor and enforce quality standards of nursing
END OF TRANSCRIPTION
practice in the Philippines and exercise the powers
necessary to ensure maintenance of efficient,
ethical and technical, moral and professional
REFERENCES
standards in the practice of nursing taking into
account the health needs of the nation ; • Professional Nursing in the Philippines (twelfth
d. Ensure quality nursing education by examining the edition), Lydia M. Venzon and Ronald M. Venzon
prescribed facilities of universities or colleges of
nursing or permission to open nursing courses to ABBREVIATIONS
ensure that standards of nursing education are • CHED - Commission on Higher Education
properly complied with and maintained at all times. • PRC - Professional Regulation Commission
The authority to open and close colleges of nursing • PNA - Philippine Nurses Association
and/or nursing education programs shall be vested
on the Commission on Higher Education upon
written recommendation of the Board;
e. Conduct hearings and investigations to resolve
complaints against nurse practitioners for unethical
and unprofessional conduct and violation of this
act, or its rules and regulations. In connection
therewith, the board, upon application with the
court, is empowered to:
1. Issue subpoena ad testificandum and
subpoena duces tecum to secure the
appearance of respondents and witnesses
and the production of documents, and
2. Punish with contempt persons obstructing,
impeding and/or otherwise interfering with
the conduct of such proceedings;
f. Adopt and promulgate a Code of Ethics and a code
of Technical Standards for the practice of nursing
in coordination and consultation with the
accredited professional organization of nurses
within one (1) year from the effectivity of the
subject Nursing Act;
g. Recognize nursing specialty organizations in
coordination with the accredited professional
organization. The recognition of nursing specialty
organizations shall be based on the criteria jointly
developed by the Board of Nursing and the
Accredited Professional Organization ;
h. Subject to the review and approval of the
Commission prescribe, adopt, issue and
promulgate guidelines, regulations, measures, and
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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #
CONTRACTS
SIR ANDRE DE VEYRA | MARCH 25, 2022

OUTLINE: Requisites of a Contract


I. Contract 1. To have a contract, two or more persons must
A. Kind of Contracts participate.
2. The parties involved must give consent to the contract.
B. Requisites of a Contract
3. The object which is the subject matter of the contract
C. Inexistent Contracts
must be specified such as:
D. Voidable Contracts o all things which are not outside the
E. Illegal Contracts commerce of man;
F. Breach of Contract o all rights which are not intransmissible;
II. REFERENCES o future inheritance in cases expressly
III. ABBREVIATIONS authorized by law;
IV. APPENDIX o all services which are not contrary to law,
LEGEND: morals, good customs, public order, and
Black for PowerPoint, red for audio lecture, blue for book public policy.
CONTRACT
 A CONTRACT is a meeting of minds between two 4. The cause of obligation is established. The time, price,
persons whereby one binds himself, with respect to and subject matter are expressed. Generally, the length of
the other, to give something or to render some time of a contract for services is at least equal to the period
service. for which wages or salaries are payable. Thus, if one is
 It is a promise or a set of promises which the law engaged on yearly rates, the length of time of the contract
recognizes as a duty and when that duty is not will be at least one year.
performed, the law provides a remedy 5.Contracting parties must have the legal capacity to enter
into a contract. They must:
Kind of Contracts o be of legal age;
 Formal Contract - refers to an agreement among o be of sound mind;
parties involved and is required to be in writing by o not be under the influence of intoxicating
some special laws. drugs, or fear of bodily harm; and
o Examples are marriage contracts, o not be suffering from physical disability such
mortgages, deeds of sale or work as those who are mentally incompetent.
contracts.  Persons under 18 years of age may not go into
 Informal Contract - one which is concluded as the contracts without the consent of the parents.
result of a written document or correspondence However, when parents give up control over the
where the law does not require the same to be in supervision of a minor and the latter keeps his own
writing, or as the result of oral and spoken wages, he may be regarded as "emancipated" or
discussion between the parties or conduct freed even though he continues to live at home.
between the parties, evidence and intention to  It is imperative that nurses clarify the conditions of
contract. work during the interview.
 Express Contract - one in which the conditions
and terms of the contract are given orally or in Inexistent Contracts
writing by the parties concerned.  The following contracts are void or inexistent from
o An example of this is usually found in the beginning:
formal contracts wherein the kind of 1. Those whose cause, object or purpose are
services offered, salary, date and time of contrary to law, morals, good customs, public
effectivity including fringe benefits, if any, order or public policy.
are specified. 2. Those whose cause or object did not exist
 Implied Contract - one that is concluded as a from the time of transaction.
result of acts of conduct of the parties to which the 3. Those whose object is outside the commerce
law ascribes an objective intention to enter into a of man.
contract. To avoid subsequent problems, nurses 4. Those which contemplate an impossible
are advised to clarify the terms and conditions of service.
employment before assumption of work with the 5. Those where the intention of the parties
prospective employer. relative to the principal object cannot be
 Void Contract - one that is inexistent from the very ascertained.
 beginning and therefore may not be enforced. 6. Those expressly prohibited or declared void by
 Illegal Contract - one that is expressly prohibited law.
by law. 7. Those which are absolutely simulated or
fictitious.
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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #
CONTRACTS
SIR ANDRE DE VEYRA | MARCH 25, 2022

4. abandonment of duty (i.e., leaving unconscious


Voidable Contracts patients, going off-duty without endorsement,
 The following contracts are voidable or annullable, loafing while on duty);
even though there may have been no damage to 5. substitution of performance; and
the contracting parties. 6. failure to use due care.
1. Those contracts wherein one of the parties is
incapable of giving consent to a contract. END OF TRANSCRIPTION
2. Those whose consent is vitiated by mistake,
violence, intimidation, undue influence or
fraud. REFERENCES
 Professional Nursing in the Philippines, 12 th edition
Illegal Contracts
 Contracts obtained through use of fraud (deception
and trickery,) undue (unlawful) influence or duress
(coercion) in securing such, and those that are
expressly prohibited by law are illegal.
Following are examples of illegal contracts:
1. Those that are made in protection of the law.
If a nurse proceeds to administer intravenous
injection without special training and according
to protocol established, she/he violates RA
9173, the Philippine Nursing Act of 2002.
2. Consent obtained by fraud. If a nurse obtained
the consent of a patient or the family to be given
services, through misrepresentation that she/he
is licensed although she/he is not, such contract
is illegal.
3. Those obtained under duress. Duress means
actual or threat of violence or imprisonment in
order to obtain consent. A nurse may be forced
to sign a contract under threat of dismissal.
4. Those obtained under undue influence. If a
nurse who has been taking care of an elderly
patient uses her close relationship to acquire
high salary or other options as property, such
contract is invalid as it is illegal.
5. Those obtained through material
misrepresentation. Aside from fraud, material
misrepresentation may permit a person to avoid
or cancel a contract. Suppose a midwife applied
as nurse in an agency and was soon found not
to be a registered nurse, the contract that she
signed becomes illegal because she misled the
employer that she is a nurse.

Breach of Contract
 Breach of contract is failure to perform an
agreement, whether expressed or implied, without
cause.
The following constitute breach of contract for
nursing services:
1. prevention of performance;
2. failure to perform because of inconvenience or
difficulty;
3. failure of cooperation in performance;

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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week #2
TOPIC
Mr. Andre Carlo De Veyra | March 25, 2022

OUTLINE: Case decisions or judicial opinions


I. LAWS GOVERNING THE PRACTICE OF NURSING
A. Definition of Law Presidential Decrees
B. Three Essential Characteristics of Law
C. Brief History of the Philippine Nursing Law
Letters of Instructions
D. Magna Carta for Public Health Workers
E. Change in the Philippine Nursing Act of 2002
II. REFERENCES Brief History of the Philippine Nursing Law
III. ABBREVIATIONS Act No. 2493 of 1915
IV. APPENDIX
LEGEND: First law that had to do with the practice of nursing
Black for PowerPoint, red for audio lecture, blue for book
Regulated the practice of medicine.
Provided for the examination and registration of
nurses in the Philippine Islands.
LAWS GOVERNING THE PRACTICE OF
NURSING 1919
Definition of Law
Act 2808, first true nursing law was passed. It
Law is defined as “the sum total of rules and created a board of examiners for nurses.
regulations by which society is governed. It is
man-made and regulates social conduct in a 1920
formal and binding way. It reflects society’s
First board examination in the Philippines was
needs, attitudes, and mores.”
given.
Law may also be defined as a rule of conduct
June 19, 1953
pronounced by controlling authority which may be
enforced. The Philippine Nursing Law, otherwise known as
Republic Act 877, was enacted by the congress.
Three Essential Characteristics of Law:
The authority or the right to declare that the rule SEC. 16, ART IV. Inhibition against practice of
exists. nursing – unless exempt from registration, NO
PERSON SHALL PRACTICE OR OFFER TO
Such rule is pronounced or expressed and that its
PRACTICE NURSING IN THE PHILIPPINES
source can be identified.
WITHOUT HOLDING A VALID CERTIFICATE OF
A right to enforce the same must be provided. REGISTRATION AS NURSE ISSUED BY THE
BOARD OF EXAMINERS FOR NURSES:
The controlling authority in our system is the provided, however, that for the protection of life and
government. The fundamental law of the prevention of illness and anu communicable
government is the Constitution. disease any person practicing or offering to practice
The first essential to a pronounced law is that it professional nursing in the Philippines must submit
must be declared in writing. evidence that he/she is qualified to practice, and
shall be licensed.
Section 30, Article V – not only prohibits the
The principal sources of these practice of nursing without a certificate of
pronouncements are: registration issued by the Board of Nursing but also
The Constitution provides the penalty for doing so.
The statutes or legislations Prohibition in the practice of Nursing. Penal
The regulations issued by the Executive branch of Provision – any person practicing nursing in the
the government Philippines without certification, registration, or
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Mr. Andre Carlo De Veyra | March 25, 2022

without having been declared exempt for to include courses in Physical, Biological, Social
examination and registration, or any person using & Behavioral Sciences, as well as Humanities,
the certificate of registration of another, any person Chemistry, Psychology, and Zoology.
giving false or forged evidence to the Board in
8. The scope of Nursing practice was broadened to
order to obtain a certificate of registration, any
circumscribe the whole management of the care of
person assuming or advertising his/her name the
patients and the acts of constituting professional
letters of R.N or B.S.N, advertising any
practice of Nursing were spelled out to include such
title/description tending to convey that he/she is a
services as reporting, recording and evaluation
nurse (e.g. using nurse’s uniform and cap without
of a patient’s case, supervisions of persons
holding a valid certification from the Board, shall be
contributing to the nursing care of patients,
guilty of misdemeanor and shall upon
execution of nursing procedures and
conviction, be sentenced to a fine of not less
techniques, direction and education to secure
that one year or more than five years, or both in
physical and mental care and the application
the discretion of the court.
and execution of physician’s orders concerning
June 18, 1966 treatment and medication.
Republic Act 4704 amended certain portions of 9. The date of holding nurse’s examination was
R.A 877 no longer fixed but adjusted to the official closing
of the semestral term of classes in colleges and
Salient changes:
schools of nursing.
1. Membership of the Board Examiners for Nurses
10. The minimum age required for applicants for
increased from three to five members.
admission to the nurse’s examination was lowered
2. Members of the Board were to be appointed by from 21 to 18 years of age, but no candidate who
the president of the Philippines with the consent passed the examination was permitted to practice
of the Commission on Appointments. the profession until he/she reached the age of 21
years.
3. The requisite of academic degree for members
of the Board was a Master’s Degree instead of a Two Nursing Associations that recommend
Baccalaureate Degree in Nursing. candidates to the board of Nursing:

4. Disqualifying age limit for a Board Member was 1. National League of Government Nurses
fixed. No person was eligible for membership in
2. Philippine Nurses Association
the board if he/she was over 65 years of age,
heretofore, no such age disqualification was - Now, it is only the PNA (Philippine Nurses
provided by law. Association) that is accredited by the PRC
(Professional Regulation Commission) to certify
5. The maximum total compensation which a
candidates to the Nursing Board possess the
member of the Board of Examiners for Nurses
qualifications required for appointment.
could receive was raised from PHP 12,000.00 per
annum, as provided in the 1965-1955 - Compensation of Nursing Board members are
Appropriation Act (Republic Act No. 4642 to PHP specified by the PRC.
18,000.00 yearly.
Philippine Nursing Act of 1991, R.A. 7164 –
6. The academic qualification for Deans, Directors, students must belong to the upper 40% of the
and Principals of Colleges and schools of Nursing graduating class in their high school to be able to
was raised from a Baccalaureate Degree to that enroll to the college of nursing of their choice.
of a Master’s Degree in Nursing.
7. The areas of study required for entrance to
colleges and schools of Nursing were generalized
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TOPIC
Mr. Andre Carlo De Veyra | March 25, 2022

2. Requiring a faculty member who was


appointed by the Board of Nursing to resign
August 31, 1970
from his/her teaching position at the time of
Sub-paragraph 7 of Section 17 of R.A 877 was appointment and not one year proceeding
amended by R.A 6136 which stated “The his/her appointment as provided in Republic
application and execution of legal orders in writing Act 877, amended:
of physician’s concerning treatments and
3. Updating a faculty’s educational qualification
medications including the application of hypodermic
by requiring a Master’s Degree in Nursing.
and intramuscular injection; provided, that
intravenous and other injections may be 4. Specification of qualifications of
administered under the direction and in the administrators of Nursing services.
presence of the said physician. Provided, further,
5. Inclusions of the phrase “Unethical Conduct”
that a previous order in writing shall not be
as one of the reasons for revocation and
necessary if the application and execution of
suspension of certificate of registration.
such order is made in the presence of the said
physician.” October 17, 1958
“This section shall not apply to students in Presidential Proclamation of a Nurses’ Week
schools and colleges of nursing who perform under Proclamation No. 539.
nursing services under the supervision of their
instructors and professors of nursing and to The president of the Philippines designated the last
exchange professors of nursing.” week of October of every year, beginning in 1958,
as Nurses’ Week.
Parliamentary Bill 446 – proposed one
professional program in nursing and the widening The purpose of dedicating a period in a year for
of the scope of the Nursing practice (Philippine nurses is to: develop consciousness and availability
Nursing Act of 1976). of Nursing resources in the Philippines.

Republic Act 7164 June 23, 1973

Introduced by the father of Nursing in the Presidential Decree No. 223 was issued.
Philippines, Senator Heherson Alvarez. Created the PRC and prescribed its powers and
Senator Heherson Alvarez codified and revised all functions.
the laws regulating the practice of nursing in the Before, the function to regulate the different
Philippines. professions was under Civil Service
Was known as the Philippine Nursing Act of 1991 Commissions. Now, it belongs to the
with the following changes: Professional Regulation Commission. This office
was directly under the Office of the President of the
1. Redefinition of the scope of nursing practice Philippines.
to emphasize:
1972
a. use of nursing process as a scientific discipline in
arriving at an appropriate nursing action and care; R.A 6511 was enacted to amend Republic Act 465
which standardized the examination and
b. the teaching, management, leadership, and registration fees charged by various Board of
decision-making roles of the nurse; and Examiners.
c. the undertaking of and participation in studies The year R.A 6511 took effect. (July 1, 1972)
and research by nurses:
Important changes in R.A 6511:

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1. Fee for Nurse’s examination was increased Letter of Instruction No. 1000 from President
from PHP 50.00 to PHP 75.00. And the fee for Ferdinand Marcos, required that members of
registration as nurses after passing the accredited professional organizations shall be given
examination was increased from PHP 20.00 to priority in the hiring of employees in the
PHP 40.00 government service and in the engagement of
professional services.
3. Annual registration fee should be paid on or
before the 20th of January. Failure to pay entailed Republic Act 1612 – stated that a privilege tax
a surcharge of 20% and such additional charge shall be paid before any business or occupation
was imposed for each year that the annual can be lawfully begun or pursued. The occupation
registration fee was not paid, and if non-payment of or professional tax for nurses was PHP 50.00
the fee lasted for five consecutive years, the nurse payable annually on or before January 31.
concerned was deemed as not of good standing
Any person who pursued any occupation without
and her certificate of registration should thereby be
paying the tax required by law was liable to pay a
considered suspended and her name removed
fine not exceeding PHP 1000.00 or imprisonment,
from the annual roster.
for a term not exceeding six months or both.
4. Nurses in inactive status are exempted from
paying the annual registration fee if they properly Any person who did not pay his annual privilege tax
for the current year was fined not less than PHP
informed the Nursing Board that they had stopped
200.00 and not more than PHP 500.00.
practicing their profession. Reinstatement to
nursing practice and in the annual roster of an Nurses working in the government were exempted
inactive nurse could be effected by a request in from paying the privilege tax.
writing and the payment of the annual registration
fee for the current year. R.A 1080

August 20, 1990 Those who passed the bar and board examinations
were declared to be civil service eligible.
PRC Memorandum No. 90-11 provided new rates
for examination and registration: Nurses need not apply to the Civil Service
Commission for the conversion of the passed board
a. Fee – for professions needing a Baccalaureate examination. They just presented a photostatic
Degree, the examination fee was PHP 350.00 and copy of their board rating and their professional
for those with less than a Baccalaureate Degree it license to the government agency where they were
was PHP 250.00 applying.
b. Initial Registration Fee – For professions
needing a Baccalaureate Degree, the initial
registration fee was PHP 250.00 while for those June 18, 1960
with less than a Baccalaureate Degree, the fee R.A. 7392 amended R.A 2644 known as
was PHP 175.00 “Midwifery Law”. It provided that only licensed
c. Annual Registration Fee – For professions midwives could practice. Nurses should pass the
needing a Baccalaureate Degree, the annual Board Examination for Midwives and be
registration fee for new registrants was PHP registered as such upon payment of the prescribed
40.00. For those with less than a Baccalaureate fee and submit to the Midwifery Board a
Degree, it was PHP 30.00. For renewal, a certification from the Chief of Hospital or the
processing fee of PHP 10.00 was charged. This Municipal or Provincial or City Health Officer that
registration fee was paid on the professional’s birth they actually had attended the last 20 deliveries.
month. They should pay the corresponding fees for
examination and registration. (Article III Section
March 20, 1980 19 & 20 Philippine Midwifery Act, R.A. 7392).
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Several arguments arose among Nurses as a these issues for competent, safe, and legal
result of the passage of this Act: practice.
1. Do nurses really have to register as midwives
before they can attend to deliveries?
Republic Act 2382
The Philippine Nursing Act of 1991 stated that a
known as the Philippine Medical Act, defines the
person shall be practicing nursing “…who shall for
practice of medicine in the Philippines.
a fee, salary, reward or compensation, singly or in
collaboration with another, initiate and perform SEC. 10. Act of constituting the practice of
nursing services to individuals, families and medicine. – A person shall be considered as
communities in various stages of development”. engaged in the practice of medicine who shall for
Since the act of being born is part of the compensation, fee, salary, or reward, in any form
development process, then attending to deliveries, paid to him directly or through another or even
nurses contend, is still part of/or within the purview without the same may physically examine any
of nursing. person, and diagnose, treat, operate, or prescribe
any remedy for any human disease, injury,
It was also claimed that nurses who attend to
deformity, physical, mental, physical condition, or
normal deliveries do so as part of maternal child
ailment, real or imaginary, regardless or the nature
nursing care and not as a practice of midwifery.
of the remedy or treatment administered,
Nurses claimed that as nursing students, they were
prescribed or recommended.
required to handle/assist in delivery cases as pre-
requisite to completion of requirements for Republic Act 5181
graduation and subsequently in taking the Board
Examinations for Nurses. This act prescribes permanent residence and
reciprocity as qualifications for any examinations
In the Implementing Rules and Regulations of or registration for the practice of any profession in
R.A. 7164, formulated by the Board of Nursing, the Philippines.
Chapter IV Section 14b, performing internal
examination and delivery of baby is part of the SEC. 1. – No person shall be allowed to practice
functions of nurses. any profession in the Philippines unless he has
complied with the existing laws and regulations, is a
2. Should hilots or the unlicensed midwives permanent resident therein for at least 3 years,
from the barrios be allowed to continue to and, if he is an alien, the country of which is he is a
practice for their trade? citizen permits Filipinos to practice their respective
Section 28 Article IV or R.A. 2644 specifically profession is not limited by law to citizens of the
Philippines: provided, further, that Filipinos become
allowed them to do so. However, in the same
Article and Section of R.A. 7392 no mention was American nationals by reason of serviced in the
made about hilots. Armed Forces of the United States during the
Second World War and aliens who were admitted
3. Are the midwives properly trained in their to the practice of their profession before July 4,
school to assume the roles provided for in R.A. 1946, shall be exempted from the restriction
7392? Does this law not infringe in the provided herein.
Philippine Medical Act or the Philippine Nursing
Presidential Decree 541
Act?
Allows former Filipino professionals to practice their
To prepare midwives to give intravenous injections
respective professions in the Philippines.
and suture perineal lacerations, these procedures
(Balikbayans)
are already incorporated in the Midwifery
curriculum. The implementing guidelines of both 1972
Nursing Law and Midwifery Act clarified some of
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Republic Act 6425 known as Dangerous Drugs Sec. 16


Act was passed.
Possession or use of regulated drugs.
Article II, Section 4 states that sale,
The penalty of imprisonment ranging from
administration, delivery, distribution, and
six (6) months and one (1) day to four (4) years and
transportation of prohibited drugs are punishable by
a fine ranging from six hundred to four thousand
law. The penalty of imprisonment ranging from 12
(P600.00 to P4,000.00) pesos shall be imposed
years and 1 day to 20 years and a fine ranging from
upon any person who shall possess or use any
PHP 12,000-PHP 20,000 shall by imposed upon
regulated drug without the corresponding license or
any person, unless authorized by law, shall sell,
prescription.
administer, deliver, give way to another, distribute,
dispatch in transit, or transport any prohibited
drugs, or shall act as broker in any of such
transactions.
SEC. 8 Possession or Use of Prohibited Drugs –
The penalty of imprisonment ranging from 6 years Act No. 3573 in 1929
and 1 day to 12 years and a fine ranging from PHP
6,000 – PHP 12,000 shall be imposed on any All communicable diseases shall be
person, who unless is authorized by law, shall reported to the nearest health station, and that any
possess any prohibited drugs, except Indian hemp. person may be inoculated, administered, or injected
The penalty of imprisonment ranging from 6 months with prophylactic preparations. No persons shall
and 1 day to 6 years and a fine ranging from PHP refuse as to hinder or obstruct these protective
600 – PHP 6,000 shall be imposed on any person measures deemed advisable by the Secretary of
who, unless authorized by law, shall possess or Health or the authorized representatives.
use Indian hemp.

Republic Act 1082


Approved on June 1954 and amended by
Sec. 15 republic act 1891 on June 22, 1957 provided for the
creation of rural health units. Public health nursing
Sale, administration, dispensation, delivery, in the Philippines was in great demand particularly
transportation, and distribution of regulated in the rural areas. For this reason and to provide
drugs. these areas with competent public health nursing
The penalty of imprisonment ranging from service the government established rural health
six (6) years and one (1) day to twelve (12) years units staffed with technical personnel, including
and a fine ranging from six thousand to twelve public health nurses.
thousand pesos (P6,000.00-P12,000.00) shall be
imposed upon any person, who, unless authorized
by law, shall sell, dispense, believe, transport, or As amended by R.A. 1891 June 22, 1957
distribute any regulated drugs. In case of a the law provided for the creation of rural health
practitioner, the maximum penalty herein units of 8 different categories corresponding to 8
prescribed and the additional penalty of revocation population groups of municipalities to be served.
of his license to practice his profession shall be R.A. 4405, approved on June 16, 1965 enlarged
imposed. the staff by integrating into these units the
provincial, city, and the municipal sanitary
inspector, nurses, and midwives covered by the
act.
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Republic Act 6365


Republic Act 4073 Established a National Policy on Population
and created the Commission on Population
Liberalizes the treatment of leprosy. Except
(POPCOM). Among others, it empowers nurses
when the disease requires institutional treatment,
and midwives to provide, dispense and administer
no person afflicted with leprosy shall be confined in
acceptable methods of contraception after having
a leprosarium. Patients shall be treated in a
undergone training and having been granted
government skin clinic, rural health unit or by a duly
authorization by the POPCOM in
licensed physician.
consultation with the appropriate licensing bodies.

Presidential Decree 996


Presidential Decree No. 166
Requires compulsory immunization for all
Amending Presidential Decree No. 791
children below 8 years of age against
communicable diseases. Circular No.14 of 1965 This decree strengthens family planning
requires health examination and immunization of all programs through participation of private
prospective grade one (I) pupils against smallpox, organization and individuals in the formulation and
diphtheria, and tuberculosis as a prerequisite for implementation of the program planning policies.
enrolment.

General Order No. 18


Presidential Decree 825
Enjoins all citizens of the Philippines,
Provides penalty for improper disposal of universities, colleges, school, government offices,
garbage and other forms of uncleanliness mass media, voluntary and religious organizations
of all creed, business & industrial enterprises to
promote the concept of family welfare, responsible
Presidential Decree 856; parenthood, and family planning.

The Code of Sanitation


Provides for control of all factors in Letter of Instruction No. 47
man’s environment that affect health including the
Directs all schools of medicine, nursing,
quality of water, food, milk, control of insects,
midwifery and allied medical professions and social
animal carrier, transmitters of disease, sanitary and
work to prepare, plan and implement the integration
recreation facilities, noise, unpleasant odors and
of family planning in their curriculum and to require
control of nuisance
from their graduates sufficient appropriate licensing
examination.

Presidential Decree No. 148


Amending Republic Act 679 (Woman Department of Labor Order No. 7
and Child Labor Law) states that the employable
Requires all industrial establishments to
age shall be 16 years. This decree provides for the
provide family planning services.
minimum employable age and for privileges of
working women.
Presidential Decree No. 48

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Limits paid maternity leave privileges to four


(4) children
Presidential Decree 603
Presidential Decree No. 69
Child and Youth Welfare Code,
Limits the number of children to four (4) for
Protects and promotes the rights
tax exemption purposes
and welfare of children and youth. Employment of
children below 16 years of age is limited two
performing light work not harmful to their safety,
Presidential Decree No. 965
health or normal development and which is not
Requires that couples intending to get prejudicial to their studies.
married must first undergo a family planning and
responsible parenthood instruction prior to the
issuance of a marriage license Presidential Decree 651,
Decrees the registration of birth a child
within 30 days with the Civil Registrar.
Republic Act No. 1054
Brief History of the Philippine Nursing Law
Requires the owner, lessee, or operator of
any commercial, industrial, or agricultural
establishment to furnish free emergency, medical
ILO Convention No. 149
and dental attendance to his employees and
laborers. Provides for the improvement of life and work
conditions of nursing personnel,
Employees insured with GSIS and SSS are
Republic Act 4226
entitled to hospitalization privileges under Program
Known as the Hospital Licensure Act I of Philippine Medical Care (MEDICARE) Act (R.A.
6111 of 1969). Medicare benefits of GSIS members
Requires all hospitals in the
or their legal dependents must be filed with the
Philippines to be licensed before they can offer to
GSIS Medicare Claims Department.
serve the community. The licensing agency is the
Office for Hospital and Medical Services, Following are the features of Medicare
Department of Health. under Program I:
Nurses working in agency with 100 bed  benefits are extended only in cases of
capacity and/ or above and are working in an area actual confinement and hospitalization due
of 1 million population are supposed to work only
forty (40) hours a week per R.A. 5901 to illness or bodily injury
 there is freedom of choice of hospital or
physician and drugstore concerned
Presidential Decree 442,
 benefits are paid directly to the hospital,
Known as the Labor Code of the
attending physician, and drugstore
Philippines
concerned
Provides workers the right to self-
organization and collective bargaining. it promotes  the member is entitled to 45 days
the rights and welfare of workers hospitalization per year while their legal

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dependents are entitled to a total of 45 days by their generic names. Medicine are prescribed in
among them. generics.

 hospitalization privileges include medical


and surgical services. Vasectomy and Republic Act 6758
caesarean section are included while Standardize the salaries of government
cosmetic surgery, optometric services, employees which include the nursing personnel.
psychiatry, normal delivery and diagnostic
services on an outpatient basis are not Republic Act 6713,
included. Known as the “Code of Conduct and Ethical
Standards for Public Officials and Employees”
Upholds a time-honored principle that public
Dependent parents of single members are
office is a public trust. Public officials and
given Medicare benefits if they are 60 years old and
employees shall discharge their duties with utmost
above.
responsibility, integrity, competence and loyalty,
and shall act with patriotism and justice.

Presidential Decree 1519


Gives Medicare benefits to all government Republic Act 7160 or the Local Government
employees regardless of status of appointment. Code
Retirees, regardless of age, are also entitled to
Transfers responsibilities for delivery
Medicare privilege by virtue of their membership in
of basic services and facilities of the national
the GSIS or SSS.
government to local government units. This
involves devolution of powers, functions and
responsibilities to the local government both
Effective January 1980, Presidential Decree No. provincial and municipal.
1636
Requires compulsory membership in the GSIS or
SSS Retirement Fund. Magna Carta for Public Health
Workers
Another law approved by president.
Corazon C. Aquino on March 26, 1992, and
Presidential Decree No. 626 or the Employee
authored by Senator Edgardo Angara, is
Compensation and State Insurance Fund
R.A. 7305 entitled “Magna Carta for Public
Provides benefits to workers covered by Health Workers”.
SSS or GSIS for immediate injury, illness or
 Its significant objectives are:
disabilities.
 to promote and improve the social and
economic well-being of health workers;
Republic Act 6675 or the Generics Act of 1988
 to develop their skills and capabilities; and
Is an act to promote, require and ensure the  To encourage those qualified and with the
production of an adequate supply, distribution, you,
and acceptance of drugs and medicines identified abilities to remain in government service.

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later than two months before the vacancy


occurs. The appointment must be issued not
Republic Act 7600 or the Rooming-in and
later than thirty (3) days before the scheduled
Breastfeeding act of 1992
licensure examination.
Provides that babies born in private and
government hospitals should be roomed-in with
their mothers to promote breastfeeding and ensure 4. Qualifications of Board Members
safe and adequate nutrition to children. This is
4.1 Educational requirement for members of
enforced by the Milk Code (Executive Order No.
51) the Board is not limited to registered nurses
with Master’s Degree in nursing but also to
registered nurses with master’s degree in
education, or other allied medical profession
Republic Act 7432, or the Senior Citizen’s Act
provided that the Chairperson and majority of
the members are holders of a Master’s
degree in nursing.
Gives honor and justice to our people’s long
tradition of giving high regard to our elderly. It
entitles the elderly to a twenty percent (20%)
4.2 Of the ten years of continuous practice of
discount in all public establishments such as
the profession prior to appointment, the last
restaurants, pharmacies, public utility vehicles and
five (5) years must be in the Philippines. This
hospitals. It also entitles the elderly to free medical
was not specified in RA 7164.
and dental check-up and hospitalizations in all
government hospitals.
4.3 The section that states that the Board member
Republic Act 9173- Change in the Philippine
Nursing Act of 2002 from R.A. 7164, The Change in the Philippine Nursing Act of
Philippine Nursing Act of 1998, taken from the 2002
Implementing Rules and Regulations of RA
9173. must not be a green card holder (Article III. Sec. 5e
R.A. 7164) does not appear in the new law.

1. Composition of the Board of Nursing- The


Board is now composed of a Chairman and six
(6) members instead of a Chairman and four (4) 5. Powers and Duties of the board, Art. II Sec.
members. 11 added:
5.1 Adopt and regulate a Code of Ethics and Code
of Technical Standards for the practice of nursing
2. Submission of names of qualified nominees
within one year from the effectivity of this Act.
by the Accredited Professional Organization
(APO) to the Commission, three (3) nominees
per vacancy not later than three months before
the vacancy 5.2 Recognize specialty organizations in
coordination with accredited professional
organizations.
3. The Commission submits to the office of the
President two (2) nominees per vacancy not
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6. Licensure Examination and Registration 9.1 Sec. 26, Rule 1- Added: requirement for
inactive nurses returning to practice- Nurses who
6.1 Specific Dates of examination has been deleted
have not actively practiced the profession shall
(RA 7164 Sec. 14). Specific dates of examination-
undergo one (1) month of didactic training and
not earlier than one (1) month and not later than
three (3) months of practicum.
two months after the closing of each semestral
term.
9.2 Sec. 27, Qualifications of Faculty- requirement
of clinical experience in field of specification has
6.2 Specific age of applicants to take the
been reduced from three (3) years to one (1) year
examination to be at least eighteen years (18) of
in a field of specialization
age has been deleted (RA 7164 Sec. 13b).

9.3 The Dean of the College of Nursing must have


at least five (5) years of experience in teaching and
7. Ratings, Sec. 15 RA 9173
supervising a nursing education program. Note: An
7.1 Specific number of times an examinee may increase from three (3) years as specified in RA
take the licensure examination has been deleted 7164.
(RA 7164 Sec. 16 3rd paragraph).
7.2 Added: Removal examination shall be taken
within two (2) years after the last failed 10. Rule V, Nursing Practice
examination.
10.1 Scope of Nursing- Duties and Responsibilities
of the Nurse:
Deleted: Special training in intravenous injection
8. Revocation and Suspension of Certificate of
Registration Note: Nursing Service Administrators still require
formal training in this aspect for the safety of the
8.1 Added: Sec. 23f for violations of RA 9173, the
patient, the projection of the nurse and of the
Implementing Rules and Regulations, the Code of
agency/ institution where the patient is being
Ethics, the Code of Technical Standards for
treated or confined.
Nursing practice, and policies of the Board and of
the Commission.
Added: Special training for suturing the “Lacerated
Perineum” Sec 25a
8.2 Sec. 23g. Added: For practicing the profession
during the period of suspension. Note: This is being undertaken by the Association
of Nursing Service Administrators of the Philippines
(ANSAP) with the Maternal and Child Association
8.3 period of suspension of the certificate of of the Philippines (MCNAP).
registration/ professional license not to exceed four
(4) years
Added: Observe the Code of Ethics and the Code
of Technical Standards for Nursing Practice.
Maintain competence through continual
9. Rule IV, Nursing Education
professional education.

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11.4 Sec 35. Incentives and Benefits.


Incentives and benefits shall be limited to non-cash
10.2 Qualification of Nursing Service
benefits such as free hospital care for nurses and
Administrators.
their dependents, and scholarship grants. As part of
Sec. 30. Priority in Appointment the improved working condition of nurses, the
government and private hospitals are mandated to
a.1 For appointment as Chief Nurse in a Public maintain the standard nurse-patient ratio set by the
Health Agency, priority shall be given to those who Department of Health
have master’s degree in Public Health/ Community
Nursing.
a.2 For appointment as Chief Nurse in Military 12. Rule VII. Penal and Miscellaneous
Hospitals, priority shall be given to those who have Provisions.
a Master’s Degree in Nursing and completion of a
General Staff Course (GSC).
12.1 Penalty for violation of this Act in
fines has been increased (from not less than ten
11. Rule VI, Health Human Resource Production (10) thousand pesos) nor more than forty thousand
and Utilization pesos (40,000) as specified in RA 7164) to not less
than fifty thousand pesos (50,000) nor more than
Additions: one hundred thousand pesos (100,000)
11.1 Sec. 32. Comprehensive Nursing Imprisonment of not less than one (1) year
Specialty Program. The Board is mandated to nor more than five (5) years from RA 7164
formulate and develop a comprehensive nursing increased from not less than one (1) year or more
specialty program that would upgrade the level of than six (6) years, or both fine and imprisonment
skills and competency of specialty nurse clinicians upon the discretion of the Board.
in the country.

11.2 Sec. 33. Salary. Minimum base pay


of nurses in public health institutions shall not be PRC Resolution No. 2004-17 Series of 2004
lower that the first step of hiring rate prescribed for
Re- implemented continuing Professional
Salary Grade 15 pursuant to RA 6758, otherwise
Education requiring sixty (60) credit units for three
known as the “Compensation and Classification Act
years for professionals with bachelor’s degree. Any
of 1989”. For nurses working in Local Government
excess units cannot be carried on to the next three-
Units, adjustments in salaries shall be in
year period except for units earned for doctoral and
accordance with Sec. 10 of the same Act.
master’s degrees.
The total CPE units for registered
11.3 Sec 34. Funding for the professionals without baccalaureate degrees shall
Comprehensive Nursing Specialty Program. The be thirty (30) units for three (3) years. Any excess
Annual financial requirement to train at least ten units cannot be carried on to the next three-year
(10) percent of the nursing staff of the participating period.
hospital shall be chargeable against the incomes of
the Philippine Charity Sweepstakes.
PRC Board of Nursing Resolution No. 14 Feb. 8,
1999

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Promulgated the guidelines for the CHED Memorandum Order No. 13


implementation of a Specialty Certification.
Series prohibits higher education institutions
from forcing their students and graduating students
to enrol in their own review centers and/ or review
centers of their own preference.
PRC Board Resolution No. 2003-166
Amended the filing of application of various
licensure examinations in the regional offices from
twenty (20) days to thirty (30) days before the first
day of examination to give sufficient time for the
Boards in Charge in the Central Office to tally the
report, review the qualifications, check the
completeness and accuracy of the documents
thereby ensuring strict compliance with the “no END OF TRANSCRIPTION
deferent” policy.

PRC Board of Nursing Resolution No, 2004-200


series of 2004
Requires applicants in the licensure
examination to submit transcript of records with
scanned pictures and with the remarks “For Board
Examination Purposes only.”

PRC Resolution No. 2004-189 series of 2004


Forfeits the examination fees paid by the
examinee who failed to report and take the
examination.

Executive Order No. 566 Sept. 8, 2006


Directs the Commission on Higher Education to
regulate the establishment and operation of review
centers and similar entities.

CHED Memorandum Order No. 49 series of 2006


Implements the rules and regulations
governing the operation of review centers pursuant
to Executive Order 266.

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LEGAL ASPECTS AND THE NURSE
SIR ANDRE DE VEYRA | MARCH 25, 2022

OUTLINE: Incident reports- clarify cause and preventive actions, and


I. Contract are used for medico-legal purposes.
A. Subheading 1  Never delegate ATE (Assessment, Teaching,
B. Subheading 2 Evaluation)
II. HEADING 2
A. Subheading 1 SPECIFIC EXAMPLES Of NEGLIGENCE
B. Subheading 2 1. Failure to report observations to attending
III. REFERENCES physicians.
IV. ABBREVIATIONS 2. Failure to exercise the degree of diligence which the
V. APPENDIX circumstances of the particular case demands.
3. Mistaken identity.
LEGEND:
Black for PowerPoint, red for audio lecture, blue for book
o Best way to check identity:
(1) Wrist band
(2) Ask the patient to state his name
LEGAL ASPECTS AND THE NURSE 4. Wrong medicine, wrong concentration, wrong route,
 Nurse needs not be afraid of laws wrong dose.
5. Defects in the equipment such as stretchers and
PROFESSIONAL NEGLIGENCE wheelchairs may lead to falls thus injuring the
 Negligence- refers to the commission or omission of patients.
an act, pursuant to a duty, that a reasonably prudent 6. Errors due to family assistance.
person in the same or similar circumstance would or 7. Administration of medicine without a doctor's
would not do, and acting or the non-acting of which prescription.
is the proximate cause of injury to another person or
his property. THE DOCTRINE OF RES IPSA LOQUITUR
 Res Ipsa Loquitur means "the thing speaks for
Elements of Professional Negligence itself." This means that the injury could not have
1. existence of a duty on the part of the person charged happened if someone was not negligent and that no
to use due further proof is required.
2. care under circumstances
3. failure to meet the standard of due care 3 Conditions to establish a defendant's negligence
4. the foreseeability of harm resulting from failure to without proving specific conduct
meet the standard 1. that the injury was of such nature that it would not
5. the fact that the breach of this standard resulted in normally occur unless there was a negligent act on
an injury to the plaintiff. the part of someone;
2. that the injury was caused by an agency within
Article 19 of the Civil Code states that one shall act with control of the defendant; and
justice, give every man his due, observe honesty and good 3. that the plaintiff himself did not engage in any
faith. manner that would tend to bring about the injury
Article 20 states that those who, in the performance of their
obligations through negligence cause any injury to another, MALPRACTICE
are liable for damages.  Malpractice implies the idea of improper or unskillful
care of a patient by a nurse.
Common acts of negligence  stepping beyond one's authority with serious
 burns resulting from hot water bags heat lamps, consequences.
vaporizers, sitz bath  term for negligence or carelessness of professional
 objects left inside the patient's body such as personnel.
sponges, suctions tips, loose dentures lodged the
patient's trachea DOCTRINE OF FORCE MAJEURE
 falls of the elderly, confused, unconscious, sedated  The term “force majeure” means an irresistible
patients, or those who are not fully recovered from force, one that is unforeseen or inevitable.
anesthesia  Under the Civil Code of the Philippines, no person
 falls of children whose side rails of beds were not shall be responsible for those events which cannot
pulled up and locked; and be foreseen, or which, though foreseen, are
 failure to observe and take appropriate action as
inevitable, except in cases expressly specified by
needed.
law.

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NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week # 2
LEGAL ASPECTS AND THE NURSE
SIR ANDRE DE VEYRA | MARCH 25, 2022

o Circumstances such as floods, fire, earthquakes, LEGAL DEFENSE IN NEGLIGENCE


and accidents  The most common defense in a negligent action is
when nurses know and attain that standard of care
DOCTRINE OF RESPONDEAT SUPERIOR in giving service and that they have documented the
 The term means "let the master answer for the acts care they give in a concise and accurate manner.
of the subordinate."  If the patient's careless conduct contributes to his
 The liability is expanded to include the master as well own injury, the patient cannot bring suit against the
as the employee and not a shift of liability from the nurse.
subordinate to the master.  Unless, the nurse has expressly given advanced
 This doctrine applies only to those actions performed consent in performing a duty that involves risk, the
by the employee within the scope of his nurse cannot bring suit against the patient if she gets
employment. hurts or contracts the disease.

INCOMPETENCE ADVOCACY
 The lack of ability, or legal qualifications and being  Advocacy is helping others to grow and self-
unfit to discharge the required duty." actualize by informing them of their rights.
 The Code of Ethics for Registered Nurses, Art. Ill
LIABILITY OF NURSES FOR THE WORK OF (Registered Nurses and Practice) Sec. 8 (Ethical
NURSING AIDES Principle) and Sec. 9 (Guidelines to be Observed)
 Nursing aides perform selected nursing activities state that:
under the direct supervision of nurses. 1. Registered nurses are the advocates of the
 They are usually given on-the-job training by the patients.
Training Staff. 2. Nurses should be able to advocate for
 Responsibilities usually pertain to the routine care of themselves and the profession with regard to
chronically ill patients. They are therefore [Art. VI (Registered Nurses and the Profession)]
responsible for their own actions
MEDICAL ORDERS, DRUGS, AND MEDICATIONS
LABILITY FOR THE WORK OF NURSING STUDENTS
 Philippine Nursing Act of 2002 R.A. 9173- nursing Republic Act 6675
students do not perform professional nursing duties.  only validly registered medical, dental, and
They are to be supervised by their Clinical veterinary practitioners, whether in private institution/
Instructors. corporation or in the government, are authorized to
 In order that the errors committed by nursing prescribe drugs.
students will be avoided and/or minimized, the
 requires that the drugs be written in their generic
following measures should be taken:
1. Nursing students should always be under the names.
supervision of their Clinical Instructors. R.A. 2832 or the Medical Act of 1959, R.A, 4419 or
2. They should be given assignments that are at the Dental Act, and R.A. 382 or the Veterinary Act
their level of training, experience, and
 Prescriptions made by unauthorized persons
competency.
constitute illegal practice of medicine, dentistry or
3. They should be advised to seek guidance
especially if they are performing a procedure for veterinary medicine and is punishable under this
the first time. law.
4. They should be oriented to the policies of the
R.A. 5921,19 or the Pharmacy Act
nursing unit where they are assigned.
5. Their performance should be assessed  All prescriptions must contain the following
frequently to determine their strengths and information:
weaknesses. o name of the prescriber
6. Frequent conferences with the students will o office address
reveal their problems which they may want to o professional registration number
bring to the attention of their instructors or vice- o professional tax receipt number
versa. Discussion of these problems will iron out o patient's/client's name age and sex.
doubts and possible solutions may be provided.
To safely and effectively carry out the
administration of drugs:
 nurse must see to it that she understands the action
of a drug
ROSOLADA & SERRANO – GROUP H Page 2 of 3
NCM 103 FUNDAMENTALS IN NURSING PRACTICE I Week # 2
LEGAL ASPECTS AND THE NURSE
SIR ANDRE DE VEYRA | MARCH 25, 2022

 its minimum and maximum dosages


 route of administration
 untoward effects so that she may skillfully, safely,
and effectively carry them out.

INTRAVENOUS THERAPY AND LEGAL


IMPLICATIONS
 Nurses must remember that their legal right to give
intravenous injection is based on the Philippine
Nursing Act of 1991 Section 28
o in the administration of intravenous injections,
special training shall be required according to
protocol established.
o Nurses have to undertake a certified training
course on intravenous therapy.
 Board of Nursing Resolution No. 8- any registered
nurse without such training and who administers
intravenous injections to patients, shall be held
liable, either criminally under Sec. 30 (c) Art. VIl of
said law or administratively under Sec. 21 Art. Ill or
both (whether causing or not an injury or death to the
patient).
 Before the administration of blood transfusion, the
Resident on Duty, the Head Nurse or Senior Nurse,
and the Staff Nurse should check that the blood is of
the correct type and is properly crossmatched. They
should sign their names as they attest to these

TELEPHONE ORDERS
 There are legal risks in telephone orders:
o These may be misunderstood or misinterpreted
by the receiving nurse.
o Messages from telephones may sound unclear
or garbled
o Trouble in the telephone lines or
mispronunciation of words by the caller.
o Most importantly the handwriting of the physician
may be illegible, his signature is not present and
this order may later be denied in case errors
happen or court litigations arise.
 Doctors should limit telephone orders to extreme
emergency situations where there is no alternative.
 Only in an extreme emergency and when no other
resident or an intern is available should a nurse
receive telephone orders.
 It is in the interest of safety that only those who have
more experience and a greater knowledge of drugs
should receive the order.

END OF TRANSCRIPTION

REFERENCES
 Professional Nursing in the Philippines, 12 th edition,
Chapter 12 pg. 169-184

ROSOLADA & SERRANO – GROUP H Page 3 of 3

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