You are on page 1of 42

Contemporary

Nursing:
An Introduction

Robert Michael B. Montemayor,


RN
State – possesses a
government, and is
sovereign.
Four Elements
People

Territory

Government Executive
Legislative
Sovereignty
Judiciary
Classification of Law
According to the Source of
Law
Divine Law Human Law

Public Law Private Law

Criminal Civil
Internationa Commercial
l
Political Remedial
International Law

Public Int’l.
Law

Private Int’l.
Law
Political Law

Constitutional

Administrative
Public
Administration
Public
Corporation
 Elements of Human
Law
1. Reasonable rule of action
2. Due promulgation
3. Promulgated by competent
authority
4. Generally, a sanction is
imposed for disobedience.

Law – is a rule of
conduct, just and
obligatory,
promulgated by
legitimate authority,
and of common
observance and
Sources of
Law
↘Constitution – i.e. 1987 constitution

↘Statutes – enactment of the congress,


Philippine Modernization Acts, PRC
Modernization Acts

↘Regulations issued by the executive


department/branch of the government

↘Jurisprudence/case decision/ “stare decisis”


– made by the court

↘PD, Letter of Instructions, Proclamations


Purposes of Law
How Are Human Laws created?

Exercise of Legislative power


(Procedures in the congress)

Valid Delegation of legislative


Powers (Exercised by the
executive dept., BON, PRC)
Right
-is one that which a man
is entitled to have, to do,
or to receive from others
within the limits
prescribed by law.

Legal Right
- Is meant that right to
which the state gives
its sanction (approval).
How shall we
exercise our rights
and
duties/obligations?
ART. 19:NCC
“Every person must in the
exercise of his rights and in the
performance of his duties:
2.Act with Justice;
3.Give everyone his due;
4.Observe honesty and good
faith;

ABUSE OF RIGHT PRINCIPLE


ART. 26:NCC

“Every person shall


respect the dignity,
personality, privacy and
peace of mind of his
neighbors and other
persons”
ART. 20:NCC

“Any person , who contrary to law,


willfully or negligently causes damage
to another shall indemnify the latter for
the same.”

DAMAGE
> Means a loss, injury or harm caused
to one’s person, property or rights.

DAMAGES
> Is the monetary compensation for
such loss, injury or harm.
ART. 2176:NCC

“Whoever acts or omissions causes


damage to another, there being fault
or negligence, is obliged to pay for
the damage done. Such fault or
negligence if there is no pre-existing
contractual relation between the
parties, is called a quasi delict.”

Otherwise known as TORT or CULPA


AQUILIANA
Legal Remedy

Remedy, defined:
-is the means employed
to enforce a right or
redress an injury
Legal Remedies

Ordinary Remedy
Ordinary action/suit in a court of
justice

Extraordinary Remedy
Afforded by law other than the OR by
action

Provisional Remedy
Provided for present need or for the immediate
occasion
Service of Process
Warrant – is a writing from a
competent authority in
pursuance of law, directing
the doing of an act, and
addressed to an officer or
person competent to do the
act, and affording him
protection from damages if he
Service of Process
Search Warrant – is an order
in writing, in the name of the
people or the State, signed by
a magistrate, and directed to
a peace officer, commanding
him to search for personal
property and bring it before
the magistrate.
Service of Process

Subpoena – is the process by


which the attendance of a
witness is required.
Service of Process
Subpoena duces tecum – is a
subpoena which does not only compel
the personal attendance of a witness
in court but also requires such witness
to bring with him and produce to the
court, books, papers and the like,
which may be in his hands or
possession and which tend to elucidate
the matter in issue.
Department of law which
comprises all the legal rules
and principles affecting the
practice of nursing.
Nursing Ethics
•Is that branch of moral science
which treats of the duties of a
member of the nursing
profession towards her co-
professional nurses, to her
profession and other professions,
to her co-workers and other
members of the health team, to
her clients and patients, and to
the public in general.
Qualifying for Nursing
Practice
PRE-REQUISITE TO PRACTICE
•RN/CERTIFICATE/REG FROM
BON
•PERMANENT RESIDENT OF THE
RP FOR 3 YRS
•REGISTRATION BY RECIPROCITY
APPLICATION FOR EXAM
Section 12: Licensure
-all applicants for license toExam
practice nursing shall be
required to pass a written
examination, which shall be
given by the Board in such
places and dates as maybe
designated by the PRC.
The PRC
•Coordinate is Tasked to:
with P&P orgs for the
use of their buildings and facilities
for exam purposes.
•Conduct exams every year
•Authorized to require refresher
course
•Approve and release results of
exams
•Appoints Sup/watchers with B
Degree
•Publish list of passers
APPLICATION FOR EXAM
Section 13: Qualifications
for admission to the
1. Citizen of the
Licensure Exam
RP*
2. Of Good Moral
Char
3. BSN Degree Holder
from school
recognized by
Requirements for
•TOR with Examination
printed SO number, date of
graduation, with scanned copy of the
picture of applicant.
•Record of RLE for the entire BSN
program duly sgd by the Dean and C
Nurse.
•Actual Number of OR Scrubs and
deliveries.
•Birth Cert/Marriage Cert from NSO
•4 pcs Ps with complete name on the
tag/white
Section 14: Scope of
Examination
“The scope of examination for
the practice of nursing in the
Philippines shall be determined
by the Board. The Board shall
take into consideration the
objectives of the nsg curriculum,
the broad areas of nursing, and
other related disciplines and
competencies in determining the
subjects of examinations”
Section 14: Scope of
Examination
Test I – Promotive Goal (20%)
Test II – Preventive Goal (20%)
Test III – Curative Goal (40%)
Test III – Curative Goal B
Test IV – Rehabilitative Goal
(40%)

Fundamentals of Nursing, MCN, CHN, MS,


Psychiatric Nsg, Ana & Physio,
Pharmacology, Microbiology, & Diet
Therapy.
Section 15: Ratings to Pass
the Exams
•General Average of 75%
•With a rating not below 60%
in any subj.
•However, if an examinee gets an average of
75% or higher but with below 60% rating in any
subj in order to pass, he must take the exams
again but only in the said subj/s provided he
gets a rating of at least 75% in the same subj/s.
•Removal Exams shall be taken within 2 yrs
after the last failed examination.
Oath of Nurses
I,______________, of ____________, hereby
solemnly swear that I will support and defend the
Constitution of the Philippines; that I will bear true
faith and allegiance to the same; that I will obey the
laws, legal orders and decrees promulgated by the
duly constituted authorities of the Republic of the
Philippines; and that I impose this obligation upon
myself voluntarily, without mental reservation or
purpose of evasion.
I further solemnly swear that at all times and
places I will adhere closely to the ethical and
professional rules generally accepted by the nursing
profession in the Philippines, and that I will well and
faithfully discharge to the best of my ability the
duties and obligations incumbent upon a legally
authorized nursing practitioner. So Help Me God.
Section 17: Issuance of Certificate
of Registration/Professional
License
Cert. of Reg,. and PIC
Professional ID Card
•Full name of the RN
•Full name of the
•License Number
Professional •Date of Reg.
•Serial Number
•Date of Issuance and
•Signature of the Chair
Expiration
of the commission & •Signature of the
Members of the BON
Chairperson of the
•Official Seal of the
Commission
Commission •Barcode and photo of
•Scanned copy of the
the RN projected twice
picture of the
on the front face of the
professional.
card..
Section 18 & 19
Section 19: Automatic
Section 18: Fees for Registration of the
Examination and Nurses
Registration
•Licensure Examination “all nurses whose
fee is PhP600.oo as of names appear at the
2003.
•Initial Registration and
roster of nurses shall
annual registration fees be automatically or
are PhP400.oo and ipso facto registered
PhP300.00 respectively. as nurses under this
act.
Section 20: Registration by
Reciprocity
“ A Cert. of Reg./Professional License may be issued
WITHOUT EXAMINATION to nurses registered under
the laws of a FOREIGN state or Country.

-Provided, that the requirements for registration or


licensing of nurses in said country are
SUBSTANTIALLY the same as those prescribed under
this act.

-Provided further, that the laws of such state or


country grant the same privileges to RN of the
Philippines on the same basis as the subjects or
citizens of such foreign state or country”
Section 21: Practice through
Special/Temporary Permit
S/TP may be issued by the Board to the following
persons subject to the APPROVAL BY THE COMMISSION
and upon payment of prescribed fees:
•Licensed foreign nurses whose services are for a fee or
free if they are INTERNATIONALLY WELL KNOWN
SPECIALISTS OR OUTSTANDING EXPERTS in any branch
or specialty of nursing;
•Licensed foreign nurses on MEDICAL MISSION whose
services are for free in a particular hospital, center or
clinic.
•Licensed foreign nurses employed by schools of
nursing as EXCHANGE PROFESSORS in a branch or
specialty of nursing.
**the S/TP shall be effective only for the duration of the Project,
Section 22: Grounds Non
Registration and Non-Issuance of
Certificates
1. Conviction by ofof any
final Judgment
Registration/Professional
criminal License
or involving Moral Turpitude.
2. Guilty of Immoral and Dishonorable
conduct.
3. Declared by the Court to be of unsound
mind.

Moral Turpitude – is an act done contrary to


justice, honesty;, modesty. E.g. Adultery,
bigamy, estafa, extortion, fabrication of
evidence, forgery, perjury, murder, violation
Section 23: Revocation and
1. ForSuspension of Certificate
any causes mentioned in section 22. of
2. Registration
For unprofessional and unethical conduct.
3. For gross incompetence or serious ignorance.
4. For malpractice and negligence in the practice of
nursing.
5. For the use of fraud, deceit, or false statements in
obtaining a certificate of registration/professional
license.
6. For violation of this (1) act, (2) its rules and
regulations, (3) code of ethics for nurses and (4)
technical standards for nursing practice, (5-6)
policies of the Board and the commission.

*suspension shall be for a period not to exceed four


Section 24: Re-issuance of Revoked
Certificates and Replacement of
Lost Certificates.
• The BOARD may, after the expiration of a
maximum of four years from the date of
revocation of a certificate-FOR REASONS of (a)
equity and justice, (b) cause for revocation has
disappeared or has been cured or corrected, upon
proper (c) application and the (d) payment of
required fees, issue another copy of the certificate
of registration/professional license.
• A new certificate of registration/professional
license to replace the certificate that has been
LOST, DESTROYED, MUTILATED may be issued,
subject to the rules of the Board.
PRACTICE OF
NURSING
THE END